Redundancy

[jasmin26]

Sorry if this is a bit longwinded but I would really appreciate some advice.
My partner received a phone call from work on Monday to say they wanted him to go in for a formal announcement. He is currently on the sick due to an arm injury caused by his job. When he got there 5 of them were ushering in to the office the other 30 were sent to the canteen. He was given a letter to say that they need 5 fewer employee due to the downturn in orders and they would enter a period of consultation with them to ensure that they used a fair process to determine who should be made redundant , it doesn't mention how long the consultation period is for. The letter states he needs to attend another meeting tomorrow to discuss if there are any other alternatives to redundancy It stated he will receive X amount of redundancy pay plus 9 weeks pay in lieu of notice They have used a matrix to decide who the 5 people are.

Its states on the matrix that his work wasn't up to standard , at no point has ever been told this and has even been asked to train new starters.
it also states that his attendance wasn't acceptable , the only sick leave he has had in the 10 years he has been there is due to and arm injury caused by the machinery there which subsequently needed 3 operations to try to put right. Before his last spoke to management and they informed him there would be no issue with him being off sick again After the 2 previous operations he was referred an occupational health meeting and at each it was recommended that adjustments should be made to the machine he uses , they never happened

There has never been any inkling that that this was on the cards. Can anyone tell me , does it sound like they have applied the correct procedure ?

thanks in advance

[fiction-factory]

Is there a defined process for handling objections/appeals/queries to the assessments used in the matrix?
If they have decided they don't want him though he has a fight on his hands

[Peter Pedant]

http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/redundancy.html

"Can I be made redundant if I am on sick leave?

If your employer decides to make you redundant while you are on sick leave, you may qualify to bring a claim for unfair dismissal. Unless your employer can prove there was a genuine redundancy situation and that fair procedures were followed, your dismissal may be found to be unfair. Even if a genuine redundancy situation exists, you may bring a claim for unfair dismissal if you consider that you were unfairly selected for redundancy. Your employer should apply selection criteria that are reasonable and are applied in a fair manner."

so it looks as tho the answer may be yes

however from what you say
that they have assessed him as understandard but never asked him to pull up his socks does mean he has a case

hmm - start a grievance I think
( on grounds that the matriz assessments do not match reality

[granny grump]

Is he in a union?

[Peter Pedant]

blimey - would the partner be asking us if he were ?

and I have to say having met some union reps some are useless

[jasmin26]

They do not have a union . Is he entitled to 1.5 weeks pay for the 9 weeks ?

[granny grump]

as Bernard Breslaw would say 'I only arsked'

[fiction-factory]

9 weeks pay in lieu of notice will be at the normal rate if that is at or more than his contractual notice period. PILON- pay in lieu of notice could well be tax free though

[Barmaid]

Partner needs legal advice asap. It is the post that is made redundant, not the person. Doesnt sound right to me (but this is most definitely NOT my area of expertise).

[Peter Pedant]

Hi Bam Bam
thx for the input.

[EDDIE51]

I suspect that they may be trying to get rid of him in the hope he will not sue them for negligence over the injury he sustained.
It sounds like he could be due some very substantial compensation.
He needs to consult a lawyer who handles employment law claims urgently.
I would tell him to go back tomorrow and just state that he is taking legal advice and needs time to prepare his case. Suggest they give him a month to get it organised . Has he started his compensation claim yet? if not that is another area where he needs a solicitor. One of the many injury claim solicitors that advertise on TV may handle that part for him.

[Maydup]

Yes, take some legal advice as soon as possible. If you can avoid the lawyers who advertise nationally and go local you will do better. The high profile ones are famous for over charging.

In fact It might be worth trying ACAS to start with. They have a free and confidential helpline for support on any employment issues.

http://m.acas.org.uk/index.aspx?articleid=2042

[fiction-factory]

//It is the post that is made redundant, not the person.//

Correct, but when there are several doing the same/very similar role and fewer are needed there is usually either a process of applying or as redundancy selection process of the type that seems to have taken place here.

But it sounds from what you say, jasmin, that he should appeal or at least seek an explanation given the lack of previous warnings. He should of course also take legal advice regarding an injury claim asap

[jasmin26]

Thank you for all your advice . I will let you know the outcome .

[Tilly2]

Jasmin, I can't offer you any advice but I can say that I am sorry that this is happening to you and I hope you can both get it sorted. Best wishes.
xx

[thugulike]

He needs to see his scoring matrix and check it. I have known of a case go to tribunal and nobody had actually checked the adding up and the person claiming unfair selection for redundancy should not have been selected. Nobody, including the employer, solicitor or counsel had done the basic maths. Also need to make sure that there haven't been positive and negative scores mixed up. For example you could score ability on a 1-5 with 5 being excellent. The you could score absence on 1-5 with 5 being the worst absence. I've seen that happen more times than I care to remember. He could also have a claim for disability discrimination. Try CAB in the first instance as their help is free.

[jasmin26]

well my partner went back for is meeting today with management. We spent most of last night writing down a list of questions regarding the matrix used. They said not all staff had had a matrix meeting !!! He queried his score for his work and asked for any minutes of meetings that had taken place surrounding any work issues. They said they couldn't give him any as it had never been raised with him. He asked if his work was shoddy why was he asked on numerous occasions to train others and why was he regularly asked to correct other peoples work, they couldn't answer and said they would have to look into it !! He told them that in line with government guideline and as stated on the government website he assumed his 9 weeks pay in lieu would be paid at 1.5 of his weekly wage hence 13.5 weeks pay, they said they weren't aware of that and would have to go back to their solicitors to confirm that my partner was correct, they even asked him which government website that was on.

He

[Canary42]

An injury claim against the Company should be considered IMO.

[jasmin26]

My partner has spoken to someone today regarding this so he intends to pursue that Canary42