Some of my colleagues have been made redundant, others have now asked if they are being considered but have been told not. Unfortunately we do not think this is true. Is our employer legally obliged to tell us the truth if they are considering us for redundancy and if so, how can it be proved, if we are then made redundant, that they were considering us at the time that we asked?
2006-12-06 22:34:13 · 25 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment
The crux would lie whether you can PROVE whether they were considering you AT THE TIME when you asked.
In some circumstances, they do not have to divulge the tuth to you, if it can effect their business position.
SO BASICALLY: They do not have to tell you.
2006-12-06 22:39:41 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The best way to handle this is to ask them to confirm in writing to you that they are NOT considering you for redundancy.
If they fail to do this, write to them yourself and say that there failure to reassure you in writing that they are NOT considering you for redundancy implies by default that they are.
That being the case you are entitled to due notice of their intentions.
However - I used to run a very large company myself and I can tell you that management are always talking about ways of improving processes, productivity, the cost base and so on. In fact that is exactly what they need to do to help the company stay fit and competitive and grow the business.
That shouldn't mean therefore that they are always considering redundancies, some may be necessary in the economic cycle of the companys fortunes.
However, once a company has decided that redundancies are going to be necessary they do have a duty to :
Inform the secretary of state if the number of people exceeds a certain amount (it used to be something like 28 people, but I may be wrong on that - it was a while ago!) and they have a duty to inform the affected people that they MAY be considering your position as redundant and this may therefore affect you.
They then have to enter a consultation period where they look for other potential jobs that may suit your skills across the company and invite you to come up with possible alternative suggestions yourself - this is the consultation period, which must be a minimum of 7 days. Incidentally they must inform you of this in writing.
A lot of people don't realise that the literal meaning of redundancy is that you are dismissed. (Although it is because the company has no further need of the position you hold)
2006-12-07 07:03:55 · answer #2 · answered by Wantstohelpu 3 · 0⤊ 0⤋
Employers are notorious for bending the truth to get what they want from employees.
So don't believe what they say, only what they are prepared to write down.
Unfortunately, if they will not put redundancy policy in writing then the conclusion is that they are considering it and you are in a bad position.
Legally they are obliged to tell the truth but the onus is upon you to prove that they withheld this information. But law depends on absolute proof. So you must get it in writing.
You have heard the saying
"The pen is mightier than the sword"
Then this is a case were you should put this saying into practise!
2006-12-06 22:49:38 · answer #3 · answered by kiku 4 · 1⤊ 0⤋
I am answering this on the basis that you are employerd in the UK. Legally speaking the employer is under a duty to consult with employees who may be at risk of redundancy, therefore if they havent told you that you are at "risk" then you should proceed on the basis that you are ok. However some employers do not do what they should and may be trying to eak out small numbers so they are not forced to enter into full joint consultation with staff affected, its not likely but sometimes happens. Sorry the advise is a bit weak but without knowing your situation fully it is difficult to give a clear answer as to best course of action.
2006-12-07 05:07:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I was lied to by previous employers. I bought my first house and if memory serves, the day I collected the keys is the day I was informed I was redundant. I eventually had to sell my beloved first and only property. Dark days!!! Employers generally do not care about employees regardless of what laws are in play or how the management interact with staff. Please try and get something in writing and also seek urgent legal advice.
2006-12-07 14:16:24 · answer #5 · answered by DeeDee 4 · 1⤊ 0⤋
you opt for professional employment advice. i will answer a number of your queries yet not all. For greater specified suggestions, electorate advice Bureau - link below to discover your nearby CAB. First, you may get carry of dole funds (Jobseeker's Allowance) besides as a redundancy charge. The charge is taken care of as capital, not income. 2d, what proportion weeks pay you get relies upon on your age and length of provider in finished years. you do not provide your age. third, a statutory redundancy charge is tax-launch to £30,000. there is greater to each and each of those; please ask CAB ! in case you're paid your redundancy "periodically" somewhat than as a lump sum, this could impression your JSA - i don't understand. in the previous you agree to something like this, get professional advice. some CABx have professional employment advisers, those that don't will understand if there are any around. There are not sufficient ! take a seem on the hyperlinks below; there is BERR and ACAS, one a central authority internet site with important information on employment rights, the different an autonomous internet site with greater good stuff. different issues to look for; how the redundancy, if it happens, could happen; does your settlement enable for greater suitable than the statutory "week's pay" - presently a optimal of £330; is there selection artwork obtainable for you with the same corporation. wish this facilitates slightly and good success including your study.
2016-10-17 22:39:37 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Go to, www.opsi.gov.uk/ and Click on Legislation and then Click on UK Acts 1988-2006.Then Click on to Public Acts 1996 and then Click on to Employment Rights Acts 1996 Html Scroll down to number 105 which deals with redundancy.
2006-12-08 01:55:59 · answer #7 · answered by D G 6 · 0⤊ 0⤋
I guess he should tell you the truth. But whether he will or not remains to be seen. Would YOU if you were him?
I'd cover my own back, look for another job meanwhile....you can always turn it down if you find you are not one to be let go. But I would still consider leaving if the companies that unstable. That is of course if you won't get any redundancy pay.
2006-12-07 22:21:09 · answer #8 · answered by rose1 5 · 0⤊ 0⤋
No they dont have to tell you and probably wont. Think about it - they need you to keep the company running as best as possible for as long as possible. If they tell you now there is a possibility you will either leave or stay but not put in the work thinking whats the point. On the other hand, if you think that some will be staying you will put in extra effort in the hope you will be one of those staying xxxx
2006-12-06 22:36:40 · answer #9 · answered by Anonymous · 2⤊ 0⤋
i'm not totally sure- me and all my collegues at my ex part-time job have just been made redundant- and we think he new he'd have to do it before he told us but theres nothing we can do now- i'm just glad i'm doing a part-time business that is supporting me over xmas and new year! I would say me being made redundant give me a favour- better to work for yourself than be in a job !
Take care and good luck!
2006-12-07 19:55:29 · answer #10 · answered by little.lost 4 · 0⤊ 0⤋
Are you in the UK? If so, then yes, they do have to tell you. They need to keep you informed otherwise you could claim unfair dismissal - proper procedures have to be followed. They need to show that you were aware of the situation, they followed a proper approach to choosing who was going to be made redundant and that those staff chosen weren't chosen for discriminatory reasons.
2006-12-07 07:18:26 · answer #11 · answered by vegasqueen1970 4 · 1⤊ 0⤋