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redundancy and the law!
#1
sadly been made redundant AGAIN! fifth time in six years :\ . i wont name the company but i used to drive a 44tonne tipper for them and after we all decided to join unite (nobody else in the company is in the union) they decided they didnt need 6 drivers (out of 18) so after 30 days consultation and a weeks notice we were given our marching orders. they insisted we were surplus to requirement because there was not enough work for us. this was a complete lie as we were run off our feet every day. also eight or nine drivers a week from another depot in ireland came across to work with us because we had too much work and they had none. they are still coming over doing the job. also if there is no work why is the warehouse manager and one of the shunters now going out doing my job  :eek . the union argued that the job was not redundant and we would see them in court if they didnt back down hence there is a tribunal some time this month. are they breaking the law? what if any result can we expect from a tribunal? i have signed on the agency but they wont start me yet because its a long term contract and i am off to turkey for a fortnight next week so as it stands i wont have earned anything for a month! (2 weeks here and 2 in turkey) its a good job we all like beanz on toast for tea (smart price ones at that)!
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#2
no idea on where you stand or what you maybe be intitled to, but it certainly stinks,

and sadly becoming more and more common !
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#3
Sorry to hear that dude.

If you've been there for less than a year they can get rid of you with no reason.
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#4
luckily it was 13 months Smile
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#5
i beleive they have to offer you your job back.
my mate did ADR stuff for grundons and they did more or less the same thing, but it was different T&C's for their contracts in this case.
'oh we haven't got the work on!' they cried whilst bringing in 6-8 agency drivers.
just remember you can't do enough for a good firm :rollin
The problem with socialism is that sooner or later you run out of other people's money!
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#6
I'm by no means an expert, but I'm pretty sure if they're getting someone in/ someone else is doing your job, you've got a case...
Don't quote me on that though Wink
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#7
Snap...just got made redundant 6 weeks ago too.

Anyhow, first thing to do is check the rules stipulated in your contract as regards notice etc., and find out if your firm had an agreement with your union; some employers only recognise particular unions (again, this should be in your contract or Statement of Main Terms of employment).

As regards dismissal, the legal standing is (unless your contract states otherwise):

Less than one month worked - nil notice required.
Over one month but less than 2 years - one weeks notice required.
IIRC, after that, its one week for each *complete* year, up to a maximum of 12 weeks for 12 years or more service.

Redundancy payments: these apply after 2 years *continuous* service, exact rates depend on age / service.

Often in these situations, "last in / first out" is applied (ie the last people to join the firm will be first laid off), but not always (it'll depend on the exact situation).

Are there administrators / receivers appointed to take care of the firms affairs?
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#8
the firm doesn't need the receivers in cos its booming! there is more than enough work for us and the irish drivers,they just hate the union :evil .that's why they are struggling now with six of us gone. all they are doing now is using sub contractors and bringing more irish lads over
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#9
they will probably be employing the new drivers on different T&C's to what you had, negating the same job arguement, even though they are doing exactly the same job!
The problem with socialism is that sooner or later you run out of other people's money!
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#10
So what made you all join a union together?
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#11
Lack of hindsight :lol :lol
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#12
they never paid holiday pay :eek . they would take £30 a week from us then let us have it back when we booked holidays. They wouldn't budge on this till they found out we were all joining a union. we also never had a pay rise for four years even though everyone else on site did. it sounds like a small company but its actually a very big company with sites in the uk and abroad. as a rough guess i would say about 400 people worked at the site i have just left
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#13
Turners per chance?

Just in case they ain't maiking enough from the Iraq war, why not screw the guys at home, eh?



Smell ones mother. Yaas!
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#14
If they aren't playing by the rules I hope you get what's due.




But it looks like Goldfazer is right :lol
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#15
If they're bringing in other people to do "your" job, that isn't redundancy - redundancy is where they are getting rid of your job because it's no longer necessary (eg if it's quietened or isn't making money or the place shuts).

If they're getting rid of people simply on the premise of being in the union, my thought is that could be construed as unfair dismissal; a solicitor is probably best placed on what to do next.

As for "wouldn't pay holiday pay", HP is part of your annual settlement (again, check your contract re entitlement) - the taking of £30 and handing it back doesn't wash.
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#16
One area a lot of firms fail on before they even get to a tribunal is the selection process for who gets made redundant (assuming it isn't everyone).

If they can't prove that they made a fair selection (which it doesn't sound like if all of the people made redundant has just joined a union) then they have already lost.

Assuming you are going to win, they might offer you an out of court settlement, but if you go to tribunal and win then they have to pay you your salary for up to 2 years - if you get another job then they just make up the difference (assuming your new job pays less than your old one).

At least them's were the rules back in 2002 when I got made redundant 1 day before my 2 years service.
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#17
the irish drivers (all non union) were not even involved in the consultation or told their jobs were at risk. some of them have not worked for the company as long as some of the lads who were finished. the union solicitor says we have a really strong case. saying that though, there was a really strong case against o.j.simpson and look what happened there :\ . i am going to forget about it till i get back off my jollies Confusedun  and let the solicitor sort it out Confusedmash
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#18
Just back off my jollies with some positive news Big Grin . The tribunal told my ex employer that they have to put us on gardening leave till the next and final hearing on 21st December where they will either award us some compensation or say hard luck lads you lost Sad . I had never heard of gardening leave till the solicitor rang me at the airport. I feckin love it :rollin
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#19
As AdieR stated above, the JOB is always redundant not the person. If the same job still exists after your departure then you were dismissed not made redundant. You are entitled to join a union without the consent of the company but obviously that action if known could (and has in your case) lead to constructive dismissal.


The thing to do next time is join the union but don't mention it at all to the company. That way you have the financial backing of the union solicitors when needed, and you can spend the time you are 'incognito' gathering solid evidence of your grievance. What you did was show your hand, never a good idea in a conflict.
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#20
It's sounds like one, they are resisting a unionised workforce.

Two they want to drive down, rates of pay, terms and conditions, and not have to follow the law of the land.

Three, they probably don't want any, or the minimum number of long term employees they can get away with.

And sorry to make a political point, but what has happened to you is exactly what the Troy party is/was proposing to make legal.  That is that any company can sack any employee at will, without reason.  It's on the back burner due to the outrage that surrounded such a proposal, and of course the Tory party does not have a majority.  If they had a majority it would be done, and any of us could get fucked like this. 

Your company is using the term redundancy, as already pointed out, as an excuse. 

Keep in touch with your solicitor.  Make sure that your solicitor is working 100% in your best interest.  You want to know exactly what the best and worst possible outcomes are.  Sadly in the UK, (we have the worst employment rights in the EU) you can often win a tribunal and be worse off than if you just moved straight on (if that is possible) to another job.  Make sure your solicitor is not only sure he will win this (as described it's and open and closed case) but that you should be more than adequately compensated.

That's my thoughts anyway.  Good luck chilly.


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