redundancy hits home... :(

ahh, tory explains it all.

based on the not soo sunny south-coast. Live in Fareham just outside of Portsmouth nice central location but without the hassle of inner city living.

Stu

Try local John Lewis in Southsea or Southampton if you want to stay in retail.

They have a habit of looking after staff rather than using and abusing.

Jono

ok,so the plot thickens.

I have now been informed that there is a new member of staff employed in the position that I used to hold.A friend of the directors.

when i say my old position what i mean is on the shop floor, selling. IE where i used to be.

My close friends ect have all said i should contact a law firm and see what they can do as this would be un-lawful and dishonest and very normal behaviour for the company.

what do you guys think?

I don't have much money and cannot afford the legal costs if they manage the screw their way out of it.

any ideas?

A Very confused Stu

Stu

Get yourself to the Citizens Advice Bureau in the first instance. If you have a case there are lawyers who work on a "no win - no fee basis".

Just out of curiosity, how long had you been working at the last place?

Cheers

Jim

2 years and 1 months by the end of my notice period.

If you have been made redundant, the company cannot fill the job using the same job title within 3 years. (This has happened to a family friend).

CAB is the first place to go to get advice.

ok, cool. so if he has been employed as a ''sales assistant'' then they are breaking the law?

but in respect to trial periods ect could they get out of it by saying that he was a tempory member of staff?

how would i go about proving that he was employed as a ''sales assistant''?

will be calling CAB on monday to see where to go.

i'm not too annoyed about losing my job any more as i have found another. is it worth persuing this?

quote:

i'm not too annoyed about losing my job any more as i have found another. is it worth persuing this?

It depends how much of a nuisance you want/need to be, you might just want to show how rubbish their HR department is (aren't they all).
Or just forget it ,put it down to experience and say fuck 'em, and on to the next job.

Good luck, hope santa can still bring you your pressies.

ok, cool. I've only ever been treated like crap so i think it could be on the cards.

what would i stand to benifit? i don't want my job back so a pay off would be nice, is this the sort of thing to expect? a written appoligy would also be a nice addition, framed and on the wall. lol.

stu

Uniti

Hold your horses. Anyone who even publically threatens to take a former employer to court becomes a black sheep who will find it even more difficult to get a job. People who go to court get a reputation as embittered troublemakers and noone will touch you with a bargepole let alone recruit you. Even justifiable cases are more trouble than what they are worth.

You have another job, so move on and just remember, you may need a reference from this lot at some time in the future. Let sleeping dogs lie is the best advice here.

Regards

Mick

this was my initial thoughts however after thinking about it, through-out my time with the company they have taken the sly devious route for example, one of my colluges was told that holiday days were not inclusive of days off. in which respect a week off cost 7 holiday days instead of 5 snd this is even before talking buisness ethics.

i am in 2 minds to or not but at some point someone has to say somthing...surley? i really dont know.

I'd do as Mick suggested. The company clearly works in a strange way, and will not respond well to legal action. The point about the reference is really important. Take whatever statutory redundancy pay is offered and go as gracefully as possible. Focus on the new job and move on.

Nigel

HI Stu

The legal position around redundancy is very clear and if a position has been made redundant then it can't be replaced within 3 months otherwise the termination of employment by reason of redundancy becomes unfounded and can leave the employee (who was made redundant) open to claim unfair dismissal through an Industrial Tribunal. If you wanted to pursue this route then you would need to complete an ET3 form through your local tribunal(the citizens advice bureau can help you with this) and this would then be sent to your old employer. This can be quite a long drawn out process and stressful for those concerned so it depends on how badly you want to seek address for the loss of your position. Did you receive any sort of redundancy payment? If not then it may be worth going down this route as your old employer may decide to settle out of court rather than have bad publicity. I see you have got another job so the court would take that into account if they were to find in your favour so I'm not sure how much of payment you would actually receive.

It may be beneficial in the first case to write a formal letter to your old employer stating that you believe that your dismissal on the ground of redundancy is unfair as the position has been replaced within the 3 months and that you are considering taking further action and see what sort of a response you get. I would speak to your citizens advice bureau as they are very good at this sort of thing. Hope this helps!

tonym's wife (Head of HR so we're not all bad thanks Howard!)

thank you very much for that post tony.

they have offerd me 2 weeks gross pay for my redundancy.

so thinking of just calling it quits. but it's the argument of would you be a have a go hero and run a risk for no benifit to yourself?

i feel like i should do somthing but don't want to get into the stress. i might write the letter after i recive my money. and see what happens.

stuart

Stu

What are you trying to achieve by sending them a letter? What specifically are you asking for? I'm a little lost as to what you are trying achieve with it. If it makes you feel better, then great, go for it. If you are trying to get something from them then you need professional help.

You need real advice so get yourself to the CAB and ask for it. Any letter to your former employer will largely get you nowhere I suspect as they will likley ignore it.

As for references? Even if you didn't sue them would you need or get a reference from them?

Cheers

Jim

quote:

tonym's wife (Head of HR so we're not all bad thanks Howard!)

Just me generalising.

i feel alot of people have been poorley treated and would like to do somthing about it. however i could always leave it to someone with a bit more capital and knowlage behind them and just get on with life.

as for a referance i don't need one at the moment however i can't see into the future and as such it would still be nice to have the option.

i may just settle with the money and like it has been said let sleeping dogs lie.

i think at the moment i just feel a little angry towards the company over how this has been treated and the constant lies that seem to be spilled for only one beneficiary ... the director and his holidays.

Don't ever burn any bridges !

You never know what the direct or collateral damage will be.

Five years down the line this director could be an advisor to the company who's offering you a dream job ... you'll then be labelled a trouble maker and maybe not get the job.

My advice ... have a few drinks, scream and yell, write a letter (but don't send it), just get it off your chest and move on ...

Sending a letter won't achieve one thing except a short term high for you. It won't change the behaviour of the company.

Anyways tonym's advice is sound ...

6x7

quote:

Five years down the line this director could be an advisor to the company who's offering you a dream job

Fair point except that judging by his behaviour no job working for him could be a dream job for Uniti!

Time to move on.

Jim

To be honest I had missed the post about what an a$$ his former boss has turned out to be ...

The CAB will no doubt advice best. It's one thing if you're a director or VP of a company and treated like that, as opposed to a shop floor minion.

A labour lawyer we know told us once that it's worth suing if you're a professional, but not if you're a minimum wage shop assistant ...

Hi Uniti

An important point is that even if you are found to have been unfairly dismissed, the remedy for this id restitution of the financial loss. Therefore if you have found another job, you may win the case but not get any reddies out of it because you have suffered no loss.

Just check this with CAB as this happened to me 4 years ago!!

Rgds

Trevor

yeah chilled it a bit today and so think im just going to leave it. It was a nice thought but as far as i can tell it's relativly pointless apart from creating an excess of stress.

i guess ill take my 750 and run with it, still not enough for the new naim dac...hmmm

lol

In fairness, dear uniti, you will know when the proverbial really has hit the fan when you are more worried about the roof over you head than the cost of a hifi auxiliary.

Sorry to sound a little tough on this, but if you are working in a sector of the economy that is likely to be irregular, the last thing you should be thinking of spending a few spare pounds on is an expensive luxury - keep the money for the rainy day that may be just round the corner. IMO of course, but I do speak as someone who sold Naim pieces to ensure the roof remained securely my own to live under in terms of never being late with rent and other bills.

ATB from George

Yep...sorry to hear this, it's a sign of the times man. It sure is tough out there. I'm just about managing on a knife edge!

We are just coming out of the eye of a storm and bracing ourselves for the tail whip.

I'm defintely gonna batten down the hatches.

My proposed set that i want too, is now just a tiniest dot upon the horizon... still in sight but i now need a telescope to keep the dream going!!.
I can just about see the funnel smoke...,just.
Steve

yeah i understand that guys but the industry im moving back into is the casino industry, people always find money to gamble with. stable as houses. but yes, the dac upgrade was a bit tounge in cheak. the £750 will pay off the remainder of a loan i have. That will then free up cash per month and take the pressure off.