| M'learned Employment Law Types 13:14 - Aug 12 with 1351 views | Pendejo |
I have been made redundant by my employer Company "T" who were a subsidiary of Company "A".
As far as I am aware the only redundancies were the employees of "T" - none of the employees of "A" who performed similar roles were made redundant.
"T" is still operating, as is the service offering "P" that I specifically worked in
Has selection for redundancy been made unfairly? |  |
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| M'learned Employment Law Types on 13:27 - Aug 12 with 1284 views | Pendejo |
They don't give an opinion or legal advice.
I know they are good for negotiations but we're beyond that now. | |
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| M'learned Employment Law Types on 13:33 - Aug 12 with 1269 views | SaleAway |
There's 2 things to consider - firstly - when considering redundancy - the employer has to identify the pool of people " at risk" - it may be that they should have included people doing similar roles in company A, but it may depend on the legal status of the 2 companies:
https://www.landaulaw.co.uk/faqs/who-should-be-in-a-redundancy-selection-pool/
after that - there is the question of how they select those from the at risk pool to be made redundant - what were the criteria? And were they properly applied.
When you say you have been made redundant - to clarify - are you being given statutory redundancy, or is there a compromise agreement being proposed with enhanced terms?
If there is a compromise agreement, your company will have to pay for you to be advised by a lawyer before you sign it - so they should be able to advise you about what your rights are, and if it is fair. Once you sign it though, the likelihood is that you couldn't then sue for unfair dismissal.
Hope that helps. |  |
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| M'learned Employment Law Types on 13:41 - Aug 12 with 1237 views | Pendejo |
| M'learned Employment Law Types on 13:33 - Aug 12 by SaleAway |
There's 2 things to consider - firstly - when considering redundancy - the employer has to identify the pool of people " at risk" - it may be that they should have included people doing similar roles in company A, but it may depend on the legal status of the 2 companies:
https://www.landaulaw.co.uk/faqs/who-should-be-in-a-redundancy-selection-pool/
after that - there is the question of how they select those from the at risk pool to be made redundant - what were the criteria? And were they properly applied.
When you say you have been made redundant - to clarify - are you being given statutory redundancy, or is there a compromise agreement being proposed with enhanced terms?
If there is a compromise agreement, your company will have to pay for you to be advised by a lawyer before you sign it - so they should be able to advise you about what your rights are, and if it is fair. Once you sign it though, the likelihood is that you couldn't then sue for unfair dismissal.
Hope that helps. |
Thank you.
On garden leave and everything was done remotely due to furlough, I didn't go for the compromise agreement, which as far as I can ascertain was not on enhanced terms... or at least that's the story according to my line manager [who I believe has taken on my role - conflict of interest?] and others with whom I have spoken.
Most of my colleagues were actually working side by side with their counterparts from Company "A", whereas my role was specialist dealing with high profile clients for which we had to have people positively vetted, and none of us who worked on that were retained but the service is still being offered. | |
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| M'learned Employment Law Types on 14:26 - Aug 12 with 1182 views | Johnny_Boy |
First of all, I’m sorry to hear about this.
I am certainly no expert in this field.
I can only give you some advice from a previous Experience of mine.
What is happening to Company T? Has it dissolved? Is it being relocated? Have all the staff been terminated? Are hours being reduced? Are salaries being reduced?
Onto Company A. Are any members of Staff from Company A going to Company T? Or vice versa?
Once you get all this info, you might see if you have a case for constructive dismissal.
Hypothetically, If Company T are going to replace positions with people from Company A - there is an issue there. Wouldn’t Company A have to at least offer you a contract? It might be on a lower wage or mean you might have to relocate - but the offer - by law - must still be given to you (totally regardless if you decide to take it or not). That means they’ve exhausted everything in their power to avoid making you redundant. If they haven’t, you might have grounds for a case.
A similar thing happened to me. I took my old company to a tribunal & won. [Post edited 12 Aug 2020 17:01]
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