SarEl - Employment Advice

I am a barrister specialising in employment and trades union law, with 30 years experience. My work involves representing, and supervising the representation of, employees tribunals, EAT's, and other court cases. I also work closely with colleagues in the trades union movement.

Please note that we do not accept "walk-in clients" and will only represent people who are referred through a solicitor or a trades union. But you are welcome to ask for advice and I will do my best to help.

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Hello. I am wondering if you could answer a few questions for me.
My place of work has been going through the redundancy process since the end of september.
They started off by getting rid of all of the temporary staff that were working the same as the permanent staff.
We found out tonight whose jobs were at risk of redundancy and whose were not.
Tonight my husband got told that his job was at risk and i believe that the end of the consultation process is at the end of the month.
Upon arrival at work tonight, i was shocked to discover that about 20 of the temporary staff that they got rid of were back. And working!!!!
Is my employer allowed to employ temporary staff at the same tome as making my husband redundant????

Thanks

mrsjl

It isn't sensible, but it also isn't an indication of unlawful behaviour. Your husband has not been made redundant - he is at risk. If he is made redundant, then the employer must seek to provide suitable alternative employment. Whether or not these temporary jobs might qualify, or even whether they will last more than a short period, I don't know.

just to confirm, they are allowed to employ temporary staff while making redundancies??

That isn't what I said. I said they may be able to do it. They are not yet making anyone redundant - the jobs are at risk. But I do not know how long these temporary workers are employed for - they may only have temporary workers employed until Christmas, and finish them at the same time as the redundancies. Or they may be entirely different jobs that are not suitable alternative employment. When an if your husband is told that his job is going, then the employer must try to find him another suitable alternative job if there is one. But right now they haven't done anything unlawful.

Hi SarEl

I'd be grateful for whatever advice, caveated or otherwise. BTW - I am a long term supporter of the Dogs Trust, but would be happy to make an extra xmas donation.

Early Nov I was put in consultation for redundancy.The employer followed the normal process. I was given my notice of redundancy. I appealed the decision yesterday and stated my grounds. The appeal was decided today, I am redundant and the employer has sent me a letter stating contractual PILON will apply.

During the 3 months PILON, I will lose pension contributions, health care, company car. I am due a discretionary bonus on my last day of notice but the PILON will disentitle me to it as I have to be in employment of the date is is paid.

I believe I have been unfairly treated i.e. the employer states that I was dedicated to a client, when my Ts&Cs state differently, my previous work has covered various clients, albeit not substantial amounts. They have used the dedicated element as the reason to make me redundant. i.e. the funding for the role was for two years only i.e. to 31/12/10. I was never informed of this funding restriction, either at interview or since being employed. I was a permanent employee.

During the past year I have asked for other opportunities outside of the current client but this has been ignored (presumably because they wanted to engineer my redundancy). No selection process was followed due to the dedicated element.

Over the past year I have felt my position has been undermined, I have been suffering from exhaustion and stress due to a level of workload up to June 10 was incredible. I have reasons to believe based on discussions prior to the redundancy notice, that I have upset a senior exec and based on that I'm being scapegoated.

Thanks for any guidance or advice.

Best regards
Trevsdad

I forgot to say that the funding runs out 31/12/10, I am on three months notice yet the consultation only started 1 November, so working backwards, I would have expected the 2 weeks consultation to have started mid -Sept. Additionally, As far as I was aware my employment was funded from the group overheads, not a particular contract. Was the employer under a duty to inform me pre-contract and/or post-contract that I was effectively a 'contract worker' as I stated I am permanent. Has I been aware of this, I would not have joined the employer.

Hi,
Could you help by answering a question for me. The background is quite lengthy but i will try and give you the basics.
I was told in August that i was at risk of redundancy and would be redeployed. I was offered a temporary post covering maternity leave and was told that I would be made a redeployee again at the end of the term. I accepted the post on this premise.
I have been suffering with depression which has been exacerbated by stress at work. I had to take time off sick at my GP’s recommendation because of this and I do not feel I was supported by line management. I felt like I had to leave so made enquires into whether I could take the redundancy now. I was told at this point that not only was I not entitled to it then, but I would not be entitled at the end of the term either. They sought legal advice that confirmed this so I felt my only option was to hand in my notice, which I did on 28th January. I asked for their position to be sent in writing along with minutes from the meeting where I was offered the position, as I thought I had lost my copy. While I was waiting for this I found my original copy of the minutes. They then sent the minutes which had obviously been doctored as text had been added to the copy they sent which was not on the copy that I had signed. I raised this with the union who took it to HR. HR agreed that the document had been doctored and said that the individual would go through disciplinary procedure. They offered to pay my redundancy as it was obvious that I had been given the wrong information. I am loathed to take this as this is what I was entitled to anyway, before I was made out to be a liar. Could you tell me if I am in a position to ask for any more or if I have any other options, other than to take the redundancy. I would appreciate your advice in this matter, as I am taking a £10,000 pay cut in the job I am going into and can not afford a solicitor.

Hi SarEI
i am sorry i am posting on this thread but the site did not allow me to post a new thread. I would be very grateful if you could help me with my query.


I currently work as a medical consultant (public health) in NHS Harrow. Following the merger of Brent and Harrow, the restructuring processes started within the two PCTs. When the initial structures were published for consultation in November 2008, the number of consultant posts was reduced from 3 to 2 in Harrow and the Brent structure remained the same. The next structure published in early December had removed a post from Brent also. This meant that there were fewer posts than the number of consultants in the cluster. At this time, we were offered voluntary redundancy. I decided to take this as I there had been some inequity in the way the consultants were given the responsibility and budgets. My application was supported by my line manager and the remuneration panel subsequently approved this. I got the letter of approval on the 24th of January and just before the final structures were published

I accepted this and after agreeing with my line manager, let the HR know that my last day of working will be on the 28th of February. Meanwhile due to BMA’s efforts and the conference, we had our at risk letters withdrawn. While the policy does not say anything about withdrawing VR once it has been approved, i have been told by my line manager that they are withdrawing my VR and is going to reinstate my post. I would be grateful if you could let me know where I stand legally on this.

I am aware that VR is not a legal right but thought serving the letter and agreeing the exit date is similar to termination.

can you pl. help me with this
thanks
Anandhi

hi sarEI can the law that states that you can not clame redundancy for the years that i was a long term agency worker for the same company i am with now , not be contested somehow ? it is not the fact that i am loosing money it`s the 1000`s of people in the same boat as me that can not aford to it just seems like leagalised theft to me among breaking the equality laws or contradicting them ?