Big fan of ACAS myself.

ACAS managing discipline – performance

may be useful to you if your employer is working their way down the cheaper than redundancy route of performance managing someone out.

I know TJ will always advocate joining a union, and in principle I agree (I’m a member of a union myself) but don’t be under any illusion that union officers are any better at this stuff than anyone else – in a smaller company, particularly if you’ve got something up your sleeve (breaches of the DPA, for example) you might be better fighting your own corner with your own knowledge of the dynamics, who can be negotiated with and who won;t budge, where the bodies are buried etc.

I’ve seen some shockingly bad representation from unions – including:

cocking up filing a tribunal claim so badly that it was out of time and couldn’t be heard,

and a union officer representing someone in a disciplinary hearing (potential dismissal) who kept confusing the different parties involved and ended up bringing up stuff that was very disadvantageous to the employee, but wouldn’t have been able to be introduced into the evidence by the employer, but since the employee’s side introduced it, was fair game.

There are doubtless some good, diligent ones too, but don’t assume.

It would be worth checking that a union will help you before signing up.

I’m not a member, but our work union (Unite) will only help those who join prior to being told they are at risk. As OP has already been told, it might be too late.

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.

Impossible to say without the contract and consent you signed up to as part of your employment. Under the DPA you may have consented your way into that position. Most employment contracts have clauses that permit employers to monitor use on business systems*

* there are obviously exceptions.

Will have a look – pretty sure personal internet access is on a reasonable use basis but don’t think email is mentioned.

Pleasently surprised to find my pay was about twenty quid short, other people been underpaid too. What a fun place to work this is – I’d ask the bosses but they’re still on holiday in Greece, poor lambs.

Well dang – it’s me! Redundanted and out on the spot. 🙁 In the pub to recover from the shock. 🙂

casework@ico.org.uk is the address you need for that possibly illegal email monitoring situation.

Cheers

Well dang – it’s me! Redundanted and out on the spot. In the pub to recover from the shock.

Ouch!

Did they at leaSt give you a decent package?

pondo – Member

Well dang – it’s me! Redundanted and out on the spot. In the pub to recover from the shock.

Get your paperwork for unfair dismissal in right now ( unless you got a real good payoff) they have not followed correct proceedures and could be in big trouble unless they pay you off with a compromise agreement.

seriously – I was put in a position like this – was entitled to £400 redundancy pay. ended up with 6 months paid garden leave and £7000

Indeed, they’ll probably be winding up the current co and registering a new one. One you’ve never worked for you see. Just you or others ? In any event sounds like they made a Horlicks of it

I’d be seeking legal advice. CAB at the very least.

I got done up like a kipper by an employer, oh, 15 years ago at least. At the time the job had made me physically and mentally unwell and I was overwhelmingly relieved to be out of there, but in hindsight I’m still cross with myself to this day that I didn’t go after them for it.

casework@ico.org.uk is the address you need for that possibly illegal email monitoring situation.

FTFY.

As others have said, it’s perfectly legal to monitor emails, if and only if the employee is made aware of it.

Incidentally,

How can they complain that you are allegedly underperforming in your role and then make you redundant? Surely what they need there is more people in that role, not fewer.

It sounds to me like the product isn’t doing very well, the company is going under and they know it. You want to get all the money owed to you quickly, whilst there’s still a fighting chance that it hasn’t all mysteriously disappeared.

They can’t. Underperformance is not grounds for redundancy.

On the surface and from what we know this is open and shut unfair dismissal

Have you still got server or email access?

They can’t. Underperformance is not grounds for redundancy.

On the surface and from what we know this is open and shut unfair dismissal

Precisely my point.

Should’ve just sacked him. (-:

Yes, not clear whether you are being dismissed for a performance-related issue or whether your role is being made redundant – very different things and need to follow different processes. Conflating one with the other amounts to unfair dismissal. What does your employer letter say – they have to put it in writing?

Do not go anywhere the server if you want to continue working in IT. That type of thing gets around quickly.
A plus one for TJ unfair dismissal claim now and report to ICO for unlawful email monitoring.
Good luck with job hunting and hopefully you have enough payout to enjoy August on your bike.

That’s shit Pondo. Sorry to hear that.

Thanks all, your words are much appreciated. Package-wise, it’s contracted notice (12 weeks, unless they try to weasel out of it), plus statutory redundancy (3 years service) plus untaken leave. Spoken to Acas and CAB and both think that it was probably within the bounds of “fair”, although I will take advice on that – it’s the role they made redundant, but I only moved to the role three months ago (to backfill a leaver) doing maybe four hours work a week that’s specific to that role, and otherwise doing that bullshizzle sales stuff.

With their impeccable timing, I’m away on holiday now for a fortnight (they didn’t want me to have it hanging over me while I was away – aaa bless! 🙂 ) – I have nothing in writing at the mo, sure there’ll be something lovely waiting when I get home. So going to put it out of my mind for a couple of weeks and see what the package actually is. They’ve let another chap go, and a third who has leave booked for an interview Friday has been told he can take it but if he does, he should put in for VR. Charming.

Indeed, they’ll probably be winding up the current co and registering a new one. One you’ve never worked for you see. Just you or others ? In any event sounds like they made a Horlicks of it

Funny you should mention that – MD and director of comms registered a company with more or less the same name in June. What’s the odds…? 🙂

I would be demanding they put it in writing delivered to you within 24 hours as basically you’ve absolutely nothing to prove anything right now. If they issue a winding up order you’ll get nothing. And it would be in the next two weeks when they knownyoure hamstrung, in deeply deeply cynical about these sorts of things.

You and me both.

You need better legal advice because unless there is something you are not telling us its open and shut unfair dismissal. they have not followed proper procedures which are clearly laid out in law. Statutory consultation periods, transparent selection procedures for redundancy, efforts to redeploy etc etc.

What you need to do IMO is to use the threat of unfair dismissal to get them to pay out a decent amount in the form of a compromise agreement.

I would love to take on a case like that – its simple to run rings round folk who understand so little of the legal process

https://www.tuc.org.uk/sites/default/files/extras/facingredundancy.pdf

ZCol – Member 

I would be demanding they put it in writing delivered to you within 24 hours as basically you’ve absolutely nothing to prove anything right now. If they issue a winding up order you’ll get nothing. And it would be in the next two weeks when they knownyoure hamstrung, in deeply deeply cynical about these sorts of things.
The sod of it is, I’m away – they aren’t back till tomorrow, how do I get them to put it writing from here? There are people they haven’t made redundant – do they get TUPE’d over or would they get made redundant before transfer or something?

Letter in writing probably with legal advice signed for. If there is nobody in authority how did you get told? That person should have the power to confirm it all. Demand payment and by the sounds of it consultation time hasn’t passed.

You need something in writing, without that a solicitor isn’t going to be able to do much. Anyway, if they go the settlement agreement route (the new name for a compromise agreement) you have to see a solicitor.
I’d be emailing your boss asking for something in writing. If you can’t email a recorded delivery letter. Something that has proof that you’ve asked for details. And keep a record of what has been said and when.
Good luck.

There are people they haven’t made redundant – do they get TUPE’d over or would they get made redundant before transfer or something?

If you mean if the MD sets up a new company then no, they would just wind up the old company to end any legal requirements from it and start afresh. If they want the people in the old company they would just offer them jobs in the new one. TUPE only comes in during something like a merger/acquisition/outsource.

Accontant mate thinks wind up is unlikely as company had plenty of cash in March last year and only a couple of us redundanted so far.

Ok, quick update – back from leave, opened the letter and they’re giving me 4 weeks, a per my contract – I never had a copy of mine, nor (so far as I know did anyone else), but the other chap got twelve weeks and I’m positive mine said I needed to give three months notice if I wanted to leave. Is there any way (or indeed any point) in challenging the 4 weeks notice (not least because they bloody knew I was away for two of them!)?

Off to look for no win/no fee dudes…

Jesus. Get lawyered up. Now.

No point in paying what little money you have to a lawyer. Ask the company for a copy of your contract. If they provide it and it says 12 weeks notice, point out the error of their ways (this worked for my wife).

Otherwise walk away and don’t look back.

Don’t forget most solicitors will offer a free 30 minute consultation. Contact one of the unions above and ask who they use for employment contract work and go see them. See what they say before going any further.
Good luck.