Redundancy question


How long have you worked for the company ? What does your contract say about notice periods?

I wouldnt be due any statutory. I'm getting my PILON, I'm just wanting to work out what wages I'd get by refusing to sign the agreement and forcing them to start a formal procedure while still getting paid for it because the ex-gratia payment was really crap
 
I wouldnt be due any statutory. I'm getting my PILON, I'm just wanting to work out what wages I'd get by refusing to sign the agreement and forcing them to start a formal procedure while still getting paid for it because the ex-gratia payment was really crap
You may be better speaking to ACAS mate regarding your rights, they have a helpline and usually answer quite quickly the number is 03001231100, they will ask you all the right questions and tell you the best way to go on.
Personally I would ring them as soon as you can, tomorrow if possible, the 1st of Feb is only a week away now 👍
 
You may be better speaking to ACAS mate regarding your rights, they have a helpline and usually answer quite quickly the number is 03001231100, they will ask you all the right questions and tell you the best way to go on.
Personally I would ring them as soon as you can, tomorrow if possible, the 1st of Feb is only a week away now 👍


I cant be arsed with the chew on to be honest. I've got an appointment tomorrow with the employment law solicitor to sign the settlement agreement or not. she's been fantastic. I'll probably end up signing it and waive my rights to a tribunal but she said a claim for unfair dismissal, despite the evidence, would be hard as it's under two years. I'll just take the money and move on, I'm a victim of just another tory rule that was brought in a few years ago so they could protect their mates and get rid of people with no questions asked
 
I cant be arsed with the chew on to be honest. I've got an appointment tomorrow with the employment law solicitor to sign the settlement agreement or not. she's been fantastic. I'll probably end up signing it and waive my rights to a tribunal but she said a claim for unfair dismissal, despite the evidence, would be hard as it's under two years. I'll just take the money and move on, I'm a victim of just another tory rule that was brought in a few years ago so they could protect their mates and get rid of people with no questions asked
Ah rite got you now, that 2 year rule puts a real spanner in the works when it comes to tribunals, basically you have no rights. If you already have a solicitor on board no doubt she is doing as much as is possible for you. Good luck 👍
 
honestly stumpy, she's been really good and I definitely got my moneys worth from her. might take her and her intern some celebrations in tomorrow.



Cheers Torys 👍

"Any protected conversations regarding the ending of the employment and the offer are then classed as ‘inadmissible’ as evidence at Employment Tribunal if a claim was subsequently made.'
 
honestly stumpy, she's been really good and I definitely got my moneys worth from her. might take her and her intern some celebrations in tomorrow.



Cheers Torys 👍

"Any protected conversations regarding the ending of the employment and the offer are then classed as ‘inadmissible’ as evidence at Employment Tribunal if a claim was subsequently made.'
With the issues I have going on I've wondered whether I may eventually need the help of a solicitor. ACAS can only do so much and as they always say "They are not there to offer legal advice". I have looked up local solicitors in Washington but none seem to mention employment law as one of there services. Do you mind telling me who you are using ? You can PM me if you would prefer ? 👍
 
With the issues I have going on I've wondered whether I may eventually need the help of a solicitor. ACAS can only do so much and as they always say "They are not there to offer legal advice". I have looked up local solicitors in Washington but none seem to mention employment law as one of there services. Do you mind telling me who you are using ? You can PM me if you would prefer ? 👍


I've been dealing with Richard Reed in Frederick Street. As soon as I started telling the solicitor stuff and she was asking me things and writing them down, I felt relaxed and she wasn't afraid to get stuck in when replying to my employer when she was tagged in emails.

 
With the issues I have going on I've wondered whether I may eventually need the help of a solicitor. ACAS can only do so much and as they always say "They are not there to offer legal advice". I have looked up local solicitors in Washington but none seem to mention employment law as one of there services. Do you mind telling me who you are using ? You can PM me if you would prefer ? 👍
That's the next step mate, if you can't sort it via arbitration/mediation.

With regards to your unfair dismissal claim, are you in receipt of their criteria and full scoring for you and the retained colleague?
 
I've been dealing with Richard Reed in Frederick Street. As soon as I started telling the solicitor stuff and she was asking me things and writing them down, I felt relaxed and she wasn't afraid to get stuck in when replying to my employer when she was tagged in emails.

Thanks for that, never gave them a thought when I should have really, used them in the past for 2 house sales and a messy probate problem.
Was a woman called Janine Mullen I believe that dealt with my issues.
 
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The company used a point scoring system to determine who would be made redundant. There were 2 of us locally in the North East doing this one particular role but one of us had to go. My mate (I actually sit next to him at the match 🤣🤣) got the nod over me on length of service by 1 year as the company scored us level on points. However since leaving and studying all the redundancy paperwork prior to almost shredding it all I realised my mate should have had 1 point less than me. I've even discussed it with him and he can't understand how this has happened either, he agrees they may have made a mistake.
To be fair to the company they went about the redundancy process legally and fairly over 100 lads nationwide went, but in my case I think they have simply made a clerical error.
So what to do now ?
I guess I have decisions to make 🤣
Go back and ask for more than the 2k offered and point out what you’ve said above.
Similar happened to us a few year ago. Partner returned from maternity leave to be told on her first day back she was being made redundant. After she pointed out the process hadn’t been followed they offered her 2k as final settlement. She went back and asked for 7k which I thought she was mad to do as only worked there part time and had been there a couple of weeks over the 2yr mark (10 month of that on mat leave). They came back and offered her 5.5k which she took. She was planning on leaving anyway so worked out well. Solicitor they paid for said she had done well to get the offer and to take it.
Worth a try
 
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That's the next step mate, if you can't sort it via arbitration/mediation.

With regards to your unfair dismissal claim, are you in receipt of their criteria and full scoring for you and the retained colleague?
Thats the thing mate I have every scrap of information regarding the redundancy process, point scoring criteria etc. I also have all the evidence regarding how my points were calculated. All on paper or screenshot. However I don't have physical evidence of my ex colleague that's all held on his section of the company's IT systems.
The points scoring system was fairly simple as were the factors that affected the points. It was common knowledge between the 4 of us that worked locally, my senior tech and line manager how many points each of us had and what our status was of the factors that affected the points like discipline, attendance and appraisal scores.
 
Thats the thing mate I have every scrap of information regarding the redundancy process, point scoring criteria etc. I also have all the evidence regarding how my points were calculated. All on paper or screenshot. However I don't have physical evidence of my ex colleague that's all held on his section of the company's IT systems.
The points scoring system was fairly simple as were the factors that affected the points. It was common knowledge between the 4 of us that worked locally, my senior tech and line manager how many points each of us had and what our status was of the factors that affected the points like discipline, attendance and appraisal scores.
And they selected you, even though you should have survived based on the scores?

Should be an easy win if you can prove it.
 
Go back and ask for more than the 2k offered and point out what you’ve said above.
Similar happened to us a few year ago. Partner returned from maternity leave to be told on her first day back she was being made redundant. After she pointed out the process hadn’t been followed they offered her 2k as final settlement. She went back and asked for 7k which I thought she was mad to do as only worked there part time and had been there a couple of weeks over the 2yr mark (10 month of that on mat leave). They came back and offered her 5.5k which she took. She was planning on leaving anyway so worked out well. Solicitor they paid for said she had done well to get the offer and to take it.
Worth a try
Suppose I could give that a try although I'm really not sure what would be a decent offer. If they offered 5k or 10k and I accepted I have no idea if I would be short changing myself. In a nutshell if I won at tribunal I really have no idea how much I could be offered as compensation I have no experience of this sort of thing.
At the end of the day I've lost my job, I worked for them for 7 years and was on almost 37k, what price do you put on that ? Who knows.
And they selected you, even though you should have survived based on the scores?

Should be an easy win if you can prove it.
Yes mate they have definitely made a mistake with his points, I was on 11 and he should have been on 10, however they scored him 11 and he kept his job on a tiebreaker which was length of service, he was there 1 year longer than me.
My main worry is if the company start altering things to suit themselves like his appraisal score or attendance record once they realise they have made an error.
Do you happen to know if at a tribunal I would have the right to call witnesses like my local work colleagues, senior tech and line manager? All of these would have information regarding stuff like appraisal scores and sickness records that would back up my claim. There's always the possibility that they all lie mind but I can't see that happening, one of them is my stepson 🤣🤣
 
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Suppose I could give that a try although I'm really not sure what would be a decent offer. If they offered 5k or 10k and I accepted I have no idea if I would be short changing myself. In a nutshell if I won at tribunal I really have no idea how much I could be offered as compensation I have no experience of this sort of thing.
At the end of the day I've lost my job, I worked for them for 7 years and was on almost 37k, what price do you put on that ? Who knows.
What you'll get will largely depend on how much above the minimum (statutory) redundancy you received when you were made redundant.
 
What you'll get will largely depend on how much above the minimum (statutory) redundancy you received when you were made redundant.
I was just paid stat mate £571 x1.5 for every complete year.
What about witnesses at a tribunal ?
 
You can't really accept it at this stage then.

What makes you think you were selected unfairly, or that it wasn't a true redundancy situation?
Just an update mate, I have started the ball rolling with ACAS about an unfair dismissal. The Conciliator is going to make contact with the company tomorrow about it.
Re the unlawfully withheld salary, I applied to the court last week for a tribunal and got notification of a date today for the 6th of April. I've heard nowt from the company or the Conciliator dealing with this until tonight. Looks like the company have been informed of the tribunal today also so they have contacted the Conciliator and altered the COT3 wording again. It's now been changed to "all breach of contract (wrongful dismissal) unlawful deduction of wages and holiday pay claims".
I am going to check with ACAS but I'm thinking this is now OK for me to sign and still pursue my unfair dismissal claim as their wording is breach of contract (wrongful dismissal) which with my limited employment law knowledge is different?
 

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