Made redundant today, no notice, no consultation but offered same job for less money.

Arrived at work this morning, boss arrives late and tells us all that, after thinking about it over the weekend, our present jobs have now been made redundant. However, we can be re-employed from today, doing the same job on less pay ( about 30% less ). Nothing in writing, no redundancy letters, we will receive them in the post. I queried this and stated that I would like to see my redundancy letter. I was told to come back to the office after 2pm to collect my letter. Unfortunately, after 2pm the letter was still not available and I was informed that he was too busy to sort it out. As I understand it, from trawling the web, our notice period does not start until we receive the notice in writing, is this correct ? Secondly, I believe that because the positions still exist, doing the same work etc, that we have been dismissed and not made redundant, is this correct ? If he now changes my reason for dismissal to something other than redundancy, due to my insistance on having it in writing, where do I go from here. Appreciate any assistance, thanks.

This may be an unfair dismissal and unilateral breach of contract (changing your pay and conditions without proper procedure). It is certainly and unlawful deduction in pay. I would advise a letter / grievance stating exactly what has happened in full detail (a copy of this then provides a measure of evidence), and since this has happened to a group of you, I would suggest that you all do this. Reject the unilateral reduction in pay, and state that you are working under protest and reserve the right to make a tribunal claim for unlawful deduction from wages if the employer attempts to reduce your pay. Make sure that all your communications to the employer are made in writing, and ask for wruitten responses.

Thanks for the quick response, those of us that refused to accept the new deal were told to leave the office immediately. Therefore, we cannot continue working under protest. As I have not received my letter, I cannot gaurantee that my dismissal was for redundancy although the whole office was told this verbally. Out of an office of 15, only 4 remained to "think it over". Do you suggest that we go back to work and take the course of action you described ?

No. In that case you should all individually submit claims for an employment tribunal immediately (you have to fill in a form each, although if this comes to tribunal you would probably be tried as a collective case). Your claim should be unfair dismissal and breach of contract (you may want to throw in any extras you can think of - like if you haven't ever had a written statement of main particulars).

Explain all the circumstances on the form, including the failure to consult, and the fact that when you refused to accept the reduction in pay / sham redundancy, you were barred from the works premises with immediate effect. I am sure that you are all aware that this will inevitably result in your dismissal for something - but you are expecting that anyway, and you are quite right to. From the moment you said no, your fate was sealed. And that goes for all of you - the employer is highly unlikely to forgive and forget, and will find a way of picking you off one by one if any of you go back with their tail between their legs.

If the employer finds "some other reason" for sending you all home - (a) tribunals are not stupid and can work out who is lying and (b) what - all of you suddenly found guilty of misconduct??? and (c) Any other erason also requires a legal process to be completed.

You might, if you have it, check for legal insurance on household policy (even if only one of you have it, they can get advice and share it!) or think about clubbing together to see a solicitor.

Thank you SarEI,

have today received redundancy letter. Simply stating that due to circumstances beyond the companies control, my position has been made redundant. No mention of notice, no mention of pay or holiday entitlement.
Can you please confirm that the "notice period" starts from the time that I receive the notice in writing.
At least I know for certain that I was made redundant, lol.

You are correct about the date of notice. Incorrect about the redundancy. It is unfair dismissal, not redundancy - clear cut. Time to fill in an ET1!

Sorry about this, have just been reading that you "normally" have to have been employed for over 1 year to claim unfair dismissal, all of us have been employed for less than 6 months. Will this be a problem.

Ah - you forgot to mention that! Yes it makes a difference - you can be dismissed on the spot for any reason because you have no claim to unfair dismissal. Sorry. But that does change everything - you would have no claim. You could still claim breach of contract, but you wouldn't win very much and you would have been sacked before the ink dried.