had to let a driver go earlier this week.
md said it was because we no longer need 2 drivers 5 days a week.
we do not, but it was more of wanting to get rid of a not very productive worker.
anyway, bloke has been with us 2 yrs 6 months.
md came in the afternoon at 2 pm. at 4.30 pm he gets the bloke in and tells him he is redundant and wont need to work any notice.
he gives the bloke £2500, we also get waid 2 week in advance and had just got paid, so thats works out at 3k.
bloke has been intouch saying he is taking it to acas. he says he should have got 90 days notice.
minimum redundancy payout is 1 week per year, so he should have got 3ish weeks wage.
has the md pulled a flanker by paying him 3 months wage therefore covering the 90 day thing???
what are the bloke chances with acas.

You'll need to review his contract of employment, quicksmart.

These bloody 'flankers' … first woodrups, now you're place of work – when will it stop…? 😉

Blokes chances are Zero mate. He has had a reasonable deal for such short service. Worth a try though but ACAS don't really have any power as such, they are just an arbitrator and he'd need to take out a claim to get anywhere.

Dylan08
wanna by a used for 1 ride deore mech………..cheap like.

I think you only have to give 90 day notice/consultation period, if the company is thinking about making more than 20 people redundant.

He has received a good deal there! But arguably should have received 2 weeks notice of his redundancy.

i think your md should deal with it rather than passing it onto you.

If you are making a choice between 2 that do the same job you're suppose to put them both through a period of consultation, you score them on absents, time served, etc…
Keep the minutes from the meetings, covers your back if he tries to do you.

he has gone, i am just wondering where he stands….
he turned up half cut on a monday and tuesday on a regular basis.
he took loads longer than the other driver to do the deliveries. and he did nothing when he did get back.
i had to hound him to wash the van, put stock out…..well everything.
but he was a ok bloke, but a lazy fecker……. 🙄

What sort of company pays people in advance? I thought everyone got paid in arrears?

think it is to help you out when you first start…

Should have put him on a 3 day week!

Ooo … I might become a serial new starter 😀

Could well be unfair dismissal, ACAS will advise him of what's required, there does not seem to be an appeals process in place. MD should sort his own mess out.

*ACAS* and *Citizens Advice Bureau* have some comprhensive advice on Redundancy payments

Contract aside, it's one week of Statutory Redundancy pay per completed year of work.

So the bloke would only get 2 weeks worth.

And it's capped at £380 per week, so it sounds like the bloke is better off with the deal he's been given.

Details here…

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/index.htm

e has gone, i am just wondering where he stands….
he turned up half cut on a monday and tuesday on a regular basis.
he took loads longer than the other driver to do the deliveries. and he did nothing when he did get back.
i had to hound him to wash the van, put stock out…..well everything.
but he was a ok bloke, but a lazy fecker…….

Then you should have dismissed him based on performance. I suspect you have no method of managing performance hence the "pay off" method is used.
I think your biggest risk is that fact that you have not followed the correct procedure for selecting him and without checking I think you have not even followed the redundancy procedure either.

Sorry Ton although he may be a useless fecker I think he may have a case.

And it's capped at £380 per week

Is not capped that is the statutory minimum. Most companies pay the current employees normal rate or whichever is higher.

From the looks of the posts above I'm inclined to agree with surfer

surfer……i agree with you mate…with him having a case.
also, letting him go has nothing to do with me…i was just asking how people thought he stood regarding a claim for unfairness.

If the business hasn't followed the set procedures and have simply got rid because he is no good then they stand a great risk of being found against.

surfer – Member

And it's capped at £380 per week

Is not capped that is the statutory minimum. Most companies pay the current employees normal rate or whichever is higher. [/quote]

You misread my post. Statutory Redundancy pay is capped.

A company may have a contractual agreement with an employee to pay them more, but if they don't then they only have to pay statutory.

This knowledge is gained from going through four redundancies, one of those resulting in an Employment Tribunal for Constructive Dismissal.

surfer makes sense.

I guess the boss could have taken him through disciplinary processes, including verbal & formal warnings etc which take ages, then sack him if he doesn't improve. Or he could take up redundancy processes to get rid of him, also takes ages and a load of mgmt hassle.

Or the boss gives him a v generous pay off, and bypasses all this stuff to get him out quick, and takes a flyer on the chance the guy won't take it to court, and even if he does he might not get as generous an award as the boss has already coughed up? Your boss could have taken legal advice and already factored this in to his pay off I suppose?

Sounds like your company didn't follow the legal procedures, although it seems he has done OK financially

The only procedures you have to follow for redundancy is what ever you have written down or use they same criteria as used before. If the other driver has longer service then that would be a goodenough reason.

Does sound like you may have technically left yourselves open if you haven't recorded the criteria used for selection. In reality though I don't think this would get very far at tribunal as I think he has a had fare payoff and it's not like you've brought another person in to do the job alledged redundant.

Doubt it'll go anywhere to be honest.

hindsight: plan A:you should have just breath tested him one morning and dismissed on Gross Misconduct
plan b: performance manage him out by the book

reallity is that although your MD may have thought he was doing the right thing he may get caught out by not following statutory procedures for redundancy (notice period is normally 30 days for <100 affected IIRC)

an employment tribunial will only look at whether you followed the correct procedure, you didn't, ergo he has a case.

I suggest you send your MD on a HR course and get a lawyer and decent advice