ChatterBank1 min ago
Redundancy and unfair dismissal
Ok, this is a long one guys. Sorry.
I'm being made redundant at the end of this month folloewing a 90 day consultation period and one months redundancy notice. Only a two weeks ago they decided that the project that was taking over our jobs is a pile of the proverbial and they asked us to stay. The agreement is that we are still made redundant at the end of Nov but we go, straight away, on to fixed term 3 month contracts with a bonus for staying. Basically, now they're saying that there has to be a break in service of two weekends. Otherwise we could have a claim for unfair dismissal. My arguement is that surely by accepting a redundancy payment we are accepting that the dismissal isn't entirely unfair and if we were prepared to sign a document to say that we would not make any claim for unfair dismissal then we could carry on working without having to take this "break in service" without pay.
Is it really necessary to have this break in service?
Wouldn't a signed document giving up any rights of claim suffice?
What a palava!!
I'm being made redundant at the end of this month folloewing a 90 day consultation period and one months redundancy notice. Only a two weeks ago they decided that the project that was taking over our jobs is a pile of the proverbial and they asked us to stay. The agreement is that we are still made redundant at the end of Nov but we go, straight away, on to fixed term 3 month contracts with a bonus for staying. Basically, now they're saying that there has to be a break in service of two weekends. Otherwise we could have a claim for unfair dismissal. My arguement is that surely by accepting a redundancy payment we are accepting that the dismissal isn't entirely unfair and if we were prepared to sign a document to say that we would not make any claim for unfair dismissal then we could carry on working without having to take this "break in service" without pay.
Is it really necessary to have this break in service?
Wouldn't a signed document giving up any rights of claim suffice?
What a palava!!
Answers
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Your employers should ask you to sign and have checked out with a solicitor, a Completion Agreement which will state what you can and cant do with regards to claiming unfair dismissal etc.... Ring ACAS, they are brilliant and will help you with any queries you have. Dont always presume that employers know what they are doing, many of them just have not got a clue and you would be surprised how often they get it wrong. Good luck.
www.acas.org.uk
08457 47 47 47 Monday - Friday 08:00 - 18:00
www.acas.org.uk
08457 47 47 47 Monday - Friday 08:00 - 18:00
Redundancy is one of the five (I think five) fair reasons for dismissal. This means fair in the legal sense, rather than 'just'.
Are you still being paid the same deal on the redundancy terms as before - I sincerely hope so?
Assuming yes, the above, the deal is you are getting an extra three months contract, plus a bonus. If all that is true, then it makes sense to me that they are asking for a break in your service, because otherwise you could claim continuous service at the end of the extra three months, and having >1 year of continuous service opens the employer up to a potential claim.
Its rather a crude way to do it though.
Worth checking with ACAS as above.
Are you still being paid the same deal on the redundancy terms as before - I sincerely hope so?
Assuming yes, the above, the deal is you are getting an extra three months contract, plus a bonus. If all that is true, then it makes sense to me that they are asking for a break in your service, because otherwise you could claim continuous service at the end of the extra three months, and having >1 year of continuous service opens the employer up to a potential claim.
Its rather a crude way to do it though.
Worth checking with ACAS as above.
The only signed document that would sign away your right to go to an Employment Tribunal is a compromise agreement where you have to pay to have a solicitor to advise you or an Acas COT3 agreement.
It seems from your question that your employer has done neither of those things so the agreement is not worth the paper its written on
Seek legal advice or try Acas as the previous answers have suggested
It seems from your question that your employer has done neither of those things so the agreement is not worth the paper its written on
Seek legal advice or try Acas as the previous answers have suggested
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