Viewing 40 posts - 1 through 40 (of 72 total)
  • Dodgy redundancytrackworld
  • pondo
    Full Member

    It was announced last week that our company is considering making redundancies. It’s a newish company (been around five or six years, I’ve been here for three), I joined to do tech support, as have most of the support team, but our focus has switched almost exclusively to making outbound calls to sell the product. There is (imho) an utterly unreasonable weight of expectation from one of the directors that we should be getting better useage of the product from our calls, but as none of us have any sales experience (including the director), I don’t know where this expectation comes from. As it happens, the very week of the announcement saw the biggest ever use of the product in three years of getting people to use it.

    Now – I was asked last week to put a redundancy policy together (and was told at the time that I had nothing to worry about), I was also asked to include scope for putting people on gardening leave, straight out the door in the event they were selected – I have since been included in the bunch of folks at risk. I know for a fact that, without prior notice, one colleague has had his mail account reconfigured so that all his outbound mails get BCC’d to the MD – I have also heard that another member of staff, friend to the brother of the MD’s wife, has had a mail from her stating that he has nothing to worry about. So right from the off it feels like they have an idea who they want to get rid of, and who they want to keep. Question is, is there anything worthwhile to do about it, or just keep rolling with punches and look for an escape?

    Apologies for the novel, if you’re still reading. 😀

    mikewsmith
    Free Member

    Make sure you get some legal advice and make sure the company has some legal advice for the policy. If not it’s a gaping chasm of risk for everybody involved.

    pondo
    Full Member

    The company can go f*** itself as far as I’m concerned, but it seems sensible to take legal advice for myself! Keeping notes on everything so far…

    mikewsmith
    Free Member

    Apart from the fact you are being asked to put together criteria, you need to know the deal when you do that – if you screw up can they sack you?

    tonyja
    Free Member

    Isn’t the BCCing of emails to a boss shady unless it has been specified previously in the employees contract or if the employee has been made aware of it?

    kenneththecurtain
    Free Member

    So right from the off it feels like they have an idea who they want to get rid of, and who they want to keep.

    Isn’t that what always happens in small to medium sized companies?

    Yes, technically they can only make roles redundant, not people, but if the company is small enough that the directors know everyone you can bet your ass they know who is going when redundancies hit.

    tjagain
    Full Member

    there is a correct procedure to go thru when making redundancies – check TUC or ACAS sites or even yougov. Most firms muck this up as it sounds like this firm is doing.

    Collect all your evidence, wait for them to make a mess of it, threaten them with a tribunal for unfair dismissal which is what it becomes when they don’t follow the correct procedures, settle for a compromise agreement ie a big pay-off to shut up and go away. I’d be looking for a years salary, settle for 6 months

    twisty
    Full Member

    As aforementioned, there is a specific redundancy process that must be followed, don’t take lightly the weight of being responsible for the process.

    There needs to be a reason for the restructure, the existing and proposed company structure must be defined, staff mapped into the new structure and those at risk given at least 90 days notice, fair system of mapping/selecting people for the available roles.

    If the process is not properly followed then there is potential for a huge mess and liable for legal action from employees etc.

    Flaperon
    Full Member

    I know for a fact that, without prior notice, one colleague has had his mail account reconfigured so that all his outbound mails get BCC’d to the MD

    If they haven’t told him, this is illegal.

    pondo
    Full Member

    He definitely wasn’t told – came into work and couldn’t access his mail, was given a new password, sent a test mail to his home account and got the MD’s out of office message in reply.

    As aforementioned, there is a specific redundancy process that must be followed, don’t take lightly the weight of being responsible for the process.

    I was just asked to produce one if we didn’t have one, grabbed a template small business redundancy policy from t’internet and converted to the company colours, submitted it as a rough draft and heard nowt back. Really hoping that doesn’t bite back in the future!

    drlex
    Free Member

    He definitely wasn’t told – came into work and couldn’t access his mail, was given a new password, sent a test mail to his home account and got the MD’s out of office message in reply.

    That made me chuckle; sorry to say that I haven’t anything useful to add, save that I hope it goes well for you. We’re a large company (1,200+) and our HR department regularly gets this stuff wrong, despite having a decent solicitors firm on retainer, and I’ve signed some large compromise agreements.

    parkesie
    Free Member

    Get job searching and leave at your day of choosing. Nowt to be gained rocking a sinking boat.

    dovebiker
    Full Member

    As said lots online from ACAS/TUC on employers redundancy obligations. Failure to follow a clearly-defined process/legal obligations will likely result in unfair dismissal claims at tribunals and potentially punative fines for $crewing-up.

    Businesses can always make a case for making redundancies, but it’s amazing how many get the process wrong

    From your post it doesn’t sound like you have much HR experience – but hey, it’s their look-out and maybe they’re deliberately doing that to try a deflect blame – I would at least familiarise yourself with the basics in case they try to make you the fall-guy. How much you want to share with your employer is down to you.

    From the sounds of it, you’d be better out sooner than later otherwise you’re tied to the mast of a sinking ship!

    Alphabet
    Full Member

    I joined to do tech support

    I was asked last week to put a redundancy policy together

    I understand that in small firms employees are expected to handle things outside of their normal roles but this seems to be stretching it a bit. I hope you remembered to add in to this policy that staff will receive 3 x their annual salary as a redundancy package 😉

    Jamie
    Free Member

    I know for a fact that, without prior notice, one colleague has had his mail account reconfigured so that all his outbound mails get BCC’d to the MD

    If you decide to go out in a blaze of glory, that right there should find itself on the desk of someone (ICO maybe?).

    FuzzyWuzzy
    Full Member

    Hmm yeah I’d have politely declined to have anything to do with drawing up a redundancy procedure stating I wasn’t qualified and there are potential legal ramifications.

    Unless a company really does screw up the process badly (which might be the case with your bunch of cowboys but isn’t usually) then in reality there’s not a whole lot you can do once you’re on the list (and suspect you’ve already been earmarked prior to the process even starting). So I’d just focus on looking for a new job without burning bridges.

    sandwicheater
    Full Member

    Obvious response is obvious;

    [video]https://youtu.be/hLnecKDUweA?t=8s[/video]

    slackboy
    Full Member

    Its time to start looking for a new job.

    It really sounds like you shouldn’t be staying there regardless. From what you’ve said, you aren’t doing the job you were employed to do and the financial situation sounds rocky.

    Assuming you are under 40 and its statutory redundancy and you’ve served 3 full years, then you’ll get 3 weeks salary capped at £489 per week.

    You could possibly get legal if you were made redundant, but any compensation need to be considered against the costs/time of bringing a claim. Most of the time its just not worth it.

    They may offer a “compromise agreement” where they offer a bit more money in return for a guarantee that you won’t bring a claim later.

    pondo
    Full Member

    Oh, the search is under way, don’t worry about that!

    If you decide to go out in a blaze of glory, that right there should find itself on the desk of someone (ICO maybe?).

    Information governance is massive for us, so that might be worth doing for giggles. 🙂

    pondo
    Full Member

    Snotty email from the director of communications (MD’s wife) criticising my lack of success getting people to use the product, third one since redundancy was mentioned last week. I think my cards are very clearly marked – if I was a feistier character, I’d ask if she could for once send me something a bit cheerier, like the mail she sent her brother’s mate, telling him he had nothing to worry about. 🙂

    Gary_M
    Free Member

    I joined to do tech support

    As above what qualifications do you have to enable you to write a redundancy policy?

    I know people do lots of different roles in small companies but would that not be the md’s responsibility if there’s no hr function?

    Edit: although if you have a director of comms I would asume you would have hr director too

    pondo
    Full Member

    Absolutely none – I was made Information Officer a few months ago after the last one left, no training other sitting with him for a couple of hours a day, and I’m still on my original contract. No one wears a HR director’s hat – I never applied for my role, just offered it when the other chap left, but I’m currently doing maybe three hours a week on that and the rest of the time I’m doing the stupid sales-type cold-calling stuff that none of us signed up to this company to do.

    Sundayjumper
    Full Member

    Yes, technically they can only make roles redundant, not people, but if the company is small enough that the directors know everyone you can bet your ass they know who is going when redundancies hit.

    This. And it’s not just small companies. They know who they want rid of, the restructure will be built around the people they want to keep.

    But I have to say, making redundant the person writing the redundancy policy is an odd move !

    martinhutch
    Full Member

    Add a line in the policy about favouring the disabled, elderly and women for redundancy, put it in really small font and see if they sign it off without reading it properly.. payouts for everyone!!!

    twisty
    Full Member

    Snotty email from the director of communications (MD’s wife) criticising my lack of success getting people to use the product

    It does look like they are trying to document evidence for lack of performance, however in this case it seems pointless as if they are scoring based on sales performance then the figures speak for themselves.

    nealglover
    Free Member

    Add a line in the policy about favouring the disabled, elderly and women for redundancy, put it in really small font and see if they sign it off without reading it properly.. payouts for everyone!!!

    This x100

    And maybe ad in in “the brown ones, and the gays” for maximum impact.

    jeffl
    Full Member

    That does sound super dodgy. I’d say get out whilst you can. I’d also decline the offer of writing the redundancy policy or just do an awful job of it and ensure you have a record of them reviewing and authorising it.

    tjagain
    Full Member

    I would also agr4ee with others that you should put in writing you do not have the skills knowledge and experience to put together a redundancy policy and are worried about the legal repercussions. Join a union NOW

    bensales
    Free Member

    pondo – Member
    Snotty email from the director of communications (MD’s wife) criticising my lack of success getting people to use the product, third one since redundancy was mentioned last week. I think my cards are very clearly marked – if I was a feistier character, I’d ask if she could for once send me something a bit cheerier, like the mail she sent her brother’s mate, telling him he had nothing to worry about.

    I worked for a two bit company like that once. They still owe me 12 grand in unpaid salary.

    GTFO now.

    pondo
    Full Member

    Quick check of my mail this morning shows three from the director of communications, questioning individual cases I’ve been working on. I was happy to just let the process run and, if I go, I go, but this is getting bloody annoying.

    Hob-Nob
    Free Member

    Snotty email from the director of communications (MD’s wife) criticising my lack of success getting people to use the product, third one since redundancy was mentioned last week.

    I’d be sending a polite, but firm one back suggesting if they expect a better sales performance, perhaps they should employ a sales guy, rather than asking the tech support guy to make outbound sales calls.

    Jamie
    Free Member

    Quick check of my mail this morning shows three from the director of communications, questioning individual cases I’ve been working on. I was happy to just let the process run and, if I go, I go, but this is getting bloody annoying.

    At this point I would be leaking everything to competitors, forwarding the mail snooping stuff to the ICO and emptying the stationary cupboard.

    Giallograle
    Full Member

    What’s your contractual position if they fire you? Why not ask for that plus as redundancy?

    Oh and a good reference.

    Meantime just do your job as best you can.

    What are your chances of getting another?

    pondo
    Full Member

    Contract says twelve weeks notice – my preference would be to stay in office until an escape route presents itself, but, you know, if that was offered I’d give it some thought. Still working hard, still looking around.

    Does it make a difference that I have never signed a contract for my new position, but the redundancy letter specifies my new office as a potential redundancy target?

    Also heard that someone got a roasting from the director of communications because they’d discussed the redundancies with someone who didn’t even know it was happening. This shizzle’s not confidential, is it? Doesn’t say so in my letter.

    tjagain
    Full Member

    not having a signed contract means in broad you have the same contractual entitlement as is normal in that company / industry

    YOu need to join a union!

    pondo
    Full Member

    Any recommendations for an IT type customer service union? 😀

    tjagain
    Full Member

    https://www.tuc.org.uk/join-union

    Prospect, CWU, PCS, unite

    mattsccm
    Free Member

    Am I to understand that a company cannot read all company based emails under what ever circumstances they choose?
    What ever fwit thought that up?
    If you are using company time and company resources eh their email address/system then surely not only do they have a right to check what the hell they like but would be assumed to do so. Using your own equipment on your own lunch time with your own broadband, not their wirelss set up, is fine but anything that uses a company resource surely has to be accessible to the company and ideally without user knowledege. Wanders off shaking his head.
    Anyway, OP, time to ask your union not random people here.

    BigJohn
    Full Member

    OP – maybe email those hassling you (i.e. trying to establish grounds for sacking you on the basis of underperforming) for a copy of the job description for your current role and the performance targets you should be measured against.

    Keep copies of everything.

    pondo
    Full Member

    Am I to understand that a company cannot read all company based emails under what ever circumstances they choose?

    Correct – have a biscuit. I think they CAN monitor your mails, but they have to let you know if they are going to do it, and they certainly can’t just start forwarding your mail to the MD without so much as a by your leave.

    maybe email those hassling you (i.e. trying to establish grounds for sacking you on the basis of underperforming) for a copy of the job description for your current role and the performance targets you should be measured against.

    No individual targets, and I’m still on my original tech support contract.

Viewing 40 posts - 1 through 40 (of 72 total)

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