Redundancy Question

[SteveSx1]

My wife has been informed that due to the financial problems in the USA - She may be made redundant by her employers (a Solicitors) - she expects to be told on Wednesday - she has been working her socks off for them for almost 3 years (coming in at 7 am - working til late - doing far more than her job description states (admin assistant) - she has a letter from them stating that if she "kicks off" at Wednesdays meeting - she will be given 10 minutes to pack her bags and leave the premesise - this is uncalled for and why should they be allowed to get away with such threats ? Plus - her 3 years employment are up in a months time - yet her compensation for this hard work - redundancy of �400 (2 weeks pay) - this is appalling - but supposedly within the law (just !!) What really sticks in the throat is that of all her collegues being affected - she has been there the longest I believe that she has a case against this company
Since it should be first in - last out
She is not in a union
Comments please

[scoobydooby]

Why have they assumed she will 'kick off'? Has the same letter been sent to all of the employees or just your wife?

It may be that they've already made their decision and are planning to make your wife redundant, as opposed to another staff member. Is your wife quite outspoken or confrontational? Perhaps they expect her to raise some of the points you have. Hard working staff, unfortunately, aren't always the favourites.

If I was your wife and I felt they had already made their decision (and unfair at that), I would 'kick off' anyway. Sure, I'd have ten minutes to pack up my stuff but I'd be prepared for that to happen and if my contract said they'd have to give me 4 weeks notice (for example), they still have to pay me for that notice period. If you genuinely feel as though her employers are being unfair - don't let her give them an easy ride.

[SteveSx1]

My wife is not confrontational - the letter is the same standard letter sent to all 16 of those at risk

[bednobs]

what kind of case will she have aganst them if they are following the law? It's not necassarily "last in first out" in law, it will depepnd what job she does. Its not her employers fault she's worked outside her job description or late etc, she chose to do that!

[bednobs]

sorry, i meant to add that its crap, and i hope things are okay for her - if her employers are apt to treat her so crap then even if she's not made redundant she might look for a new job

[buildersmate]

I agree with virtually all the legal points given by In a Pickle. Selection for redundancy is not cannot be arbitrary (however it might seem like that and it is very easy for an employer to ring-fence a pool of employees for potential selection for redundancy).
What is legally important is that that they operate a fair process that involves consultation - otherwise they lay themselves open to claims for unfair dismiss and potential payouts of far higher than the paultry sums that the statutory scheme defines. So I suggest she watches and waits to see what happens to Wednesday. There should be a discussion individually, she should look carefully to see how they are doing the selection (if they are shutting the whole office and evereyone is going this isn't really an issue). They should then follow up the decision with a decision letter that will outline the date on which this will occur. They are obliged to pay her notice period or ask her to work the notice period (try at least to get released without working notice - if they won't do that then at least remind them that they are obliged to provide time off to find alternative work) - then the redunancy payments plus holiday pat etc at the end of that.
Hope things go OK for her.

[SteveSx1]

Thanks for all of your advice - it is what I feared
This company (Solicitors) are terrible - the initial letter of impending redudancy was sent by post to the wrong address (to another girl in her office with a similar name and was OPENED by this girl - needless to say - this girl does not face redundancy
So my wifes business is known by everyone

Plus the overall boss of the company is currently on holiday for a month in Jamaica - this is appalling practice