Okay, I'm going through a redundancy process.
This is fine, it is what it is and hopefully I'll find something better. There is no love lost....
Anyhow, I had a meeting over a month ago in which I was told I was 'at risk'. Fine.
Today I had a follow up meeting where they were supposed to come back with answers to a lot of questions I had. I had offered to go part-time or job share with a work mate who is also redundant.
Now, this is where I need a little help. I was told that going part-time is not an option as it does not provide the cost savings they want for the business.
The issue I have here is the 'cost savings'. Have they tripped themselves up? Is this now grounds for constructive dismissal?
Cheers
Darn it! Wrong section. sorry, I can't seem to move it by edit...
Is this now grounds for constructive dismissal?
No but it could make the decision to dismiss you (on grounds of redundancy) 'unfair' [depending on the circumstances].
Aren't redundancies pretty much always cost saving measures? A payout for constructive dismissal is usually about what you get from statutary redundancy anyway, plus you would have hassle and legal costs.
Constructive dismissal it is not and I doubt ( but am not certain) that saying its about cost savings would invalidate the redundancy process.
See what they offer you in money terms then decide if you want to fight.
How would admitting it's due to cost savings be tripping themselves up?
In 2008 i was made redundant for exactly that reason. Furniture manufacturer with 30 staff and no work. Bye Bye 15 staff!!! Isn't that normally why redundancies are made?
thanks for the replies.
The reason for redundancies is that there isn't the work coming in. This is due to us having no manager, HQ has no interest in us unless we're making money (we used to be 10% of the work force making 50% of the companies profits).
Now, I have no problem with the redundancy, in fact I'm more than happy to go as they have completely transformed themselves into a shower of .....
It is quite complicated and messy but as I said, I'm more than happy to go.
I guess I'm just trying to see how I can squeeze the maximum out of them. After them treating me so badly for so long I would like to take the maximum payout possible. The market is pretty dead up here and I've no idea of how long it will take to find something else so the more I can get to let my family survive the better...
Cheers
The max you could get for unfair dismissal is £76,700, most of which would be a compensatory award of £65,300, the rest being what they call a basic award. The compensatory award covers loss of wages and future loss of wages but can be reduced by any payments (redundancy etc) your employer pays you.
BUT your employer would have to have cocked up big time for you to achieve anything like this level of compensation. Treating you badly for so long might be a factor but the employment tribumal (and that's who would decide) would want to know why you didn't raise it an as issue sooner (internal grievances, why didn't you resign and claim unfair dismissal etc, etc).
Best advise would be to see a your trade union (if you are in one) or a no win, no fee solicitor, but on the face of it it looks like your best option might be to take the money and run (and negotiate a good reference), after all they have been the a*rseholes not you.
Cheers.
I'm not wanting to go down the unfair dismissal route if I can help it.
I'd much rather negotiate a leaving deal and go.
Any advice on how to best to go about this would be great.
Look at this site
http://www.direct.gov.uk/redundancy.dsb
If you are made redundant that's what the law says your employer has to pay you (provided you have been employed for 2 years - less and you'll get nowt). So in negotiating a deal that's the minimum you should get. The only reason they mught pay you more is if they think they have cocked up in dismissing you (redundancy is a dismissal)and are worried you might make a successful claim to an employment tribunal. If it's a big firm with HR and legal advice I would guess they probably haven't cocked up. A smaller firm acting without advice may have done.
Goes back to what I said earlier really about you getting some advice. Have you tried CAB?
Good luck whatever!