Chat & Social > The Bar - General Chat

first day back at work today and i got.....

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Drift:
Ive dealt with this a fair bit over the years, if the company has it stated in the contract or a Union agreement the last in first out policy is perfectly legal.

It was one way of getting out of paying huge redundancy awards, for example I was last in our office but I have worked for the company for 22 years, the next longest serving is 17 years in our office, he would got before me, but then the rest of the office would go before him.

Sorry to hear your bad news.

BigSi:
Sorry to hear that mate. I am also in the same boat, was made redundant just before Christmas. It seems to be happening everywhere!

The only certainty in life is Death and Taxies………..….or was that Taxes? Can never remember which one!lol!  :doh:

LiftedDisco:
Really sorry to all who are affected by this but the whole thing is something of a legal mine field...

Picking up on various comments on here...


--- Quote from: Big Watty on January 02, 2009, 11:36:18 ---...it's the post that's redundant not the person (if you see what I mean)

--- End quote ---

This is correct and this is why they will often create a pool of people doing the same job (ie all the sales team, all the admin team etc) with a clear statement that there would need to be, say, 1 redundancy from 5 people identified as being 'at risk'.  If you have a unique role within the business and this is then given to someone else, then you might be able to argue that the process was incorrect, but it has always been a case that Tribunals will rarely act against companies downsizing for financial reasons... you would need to find a stronger case...


--- Quote from: lee celtic on January 02, 2009, 11:48:47 ---...they ned to speak to all staff and then work out who to get rid of usually takes a couple of months to work out ..

wha they have done is wrong so don't take it lying down [-X

good luck ..

--- End quote ---

The numbers involved in the consultation process are governed by the number of anticipated redundancies - I think that the key number is over 20, at which point you need extended (3 month) consultation and discussion with the Unions (if appropriate).

For smaller businesses, the time limit can be as short as 2 weeks - typically you could be advised that your role is at risk and you would be invited to take part in a consultation process to identify whether there are alternative options to redundancy.  If you have any clear ideas on how the costs within the business could be reduced, now is the time to raise them as you just might be able to defer the decision...

At the end of any consultation process (for best practice you should have had 2 meetings with Directors of the business... keep notes), a decision would be taken on any redundancy.

Note... you have the right during any consultation process to take paid time off to seek alternative work, attend interviews etc.  Make the most of it...

The process has to be seen to be 'fair' - hence the consultation process and most companies will have a section within the Employee Handbook (you may have been given a copy when you started, or it may be on any staff notice board).  If it's on the board, you have a right to ask for a copy - at worst, it gives you information should you need to go to Tribunal, at worst, it may put the willies up them and increase any financial incentive or offer to leave...

Most of these clauses will identify standard processes in the event of redundancy - normally recruitment freeze, call for voluntary redundancies and then followed by a 'last in, first out' process.

Whilst every case is different, it would appear that they have followed the process in a manner that adheres to any such policy and would therefore be deemed as 'fair' at a Tribunal.... really sorry to lay it out like this...  :(

andyhubbard:
Big Watty is right they can't do it like that anymore but if it's any help the Vauxhall dealer i worked for 18 years ago did this and my daughter had just been born.To be honest they did me a favour, take it as a new year/new start and do what YOU want to do,good luck mate.

Range Rover Blues:
When I was at Bonar I'd been there the longest of the 3 of us and they got rid of me, one of the other 2 had been doing the job less than six months but for 6 grand less than Mark or I and Mark had been on the expensive CAD course (if they'd sent me I think they knew I'd have left straight away).

I think my supervisor was told to get rid of me and make the "point" fit the person, he let me know I had grounds to appeal but TBH I didn't want to stay.

I took some satisfaction that the MD was fired whilst I was working my notice, the company folded about a year later after Mark had walked out too.

I genuinely hope that you find something son lads but just think on, if you take it as a stopgap then it's a stopgap (nothing wrong with that), don't take a crumby job and still be there in 5 year's time.

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