# Redundancy - Employer wont pay



## Instyle (13 Oct 2008)

Hello,

My Employer advises I am not entitled to redundancy as I have been "sacked” due to poor sales figures over the last few months.

He has let a few of us go but I am the only one with 2 yrs + service.

Having done a small bit of research online I can’t see why I am not entitled to it. The company however advise they have researched it and because of the circumstance of not hitting targets etc. they are letting us go on this basis.

Does anyone have any experience in this area and know if I am or not due redundancy or know who I can contact to confirm my position?

Many Thanks


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## TillyD (13 Oct 2008)

Has your boss ever given you warnings about your 'poor sale figures' ie verbal, written


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## Instyle (13 Oct 2008)

Yes verbal warnings


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## TillyD (13 Oct 2008)

I far as I know (and I'm sure someone else will inform you better) you have to get a verbal warning and this should be noted, then a written warning and then a final warning were you are told that this is your final warning. This warning should also be in writing.


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## shipibo (14 Oct 2008)

Why are you talking about redundancy when you were "sacked" ???

Looks like unfair dismissal to me, contact 




[broken link removed]


You were fired due to "poor sales", unless explicit in contract , you have a case.


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## Instyle (14 Oct 2008)

Thanks Guys,

I dont have a written contract of employment if that makes any difference.

I'll have  alook at the NERA site now, thanks you


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## Purple (14 Oct 2008)

crumdub12 said:


> Why are you talking about redundancy when you were "sacked" ???
> 
> Looks like unfair dismissal to me, contact
> 
> ...



Yep, that's good advice.

Your employer is an idiot, he should have just let you go and paid the redundancy; it's bugger all for two years and he would have avoided all this hassle.


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## gillarosa (14 Oct 2008)

Instyle said:


> Thanks Guys,
> 
> I dont have a written contract of employment if that makes any difference.
> 
> I'll have alook at the NERA site now, thanks you


 
That is immaterial as the Statutory rights only apply when it gets to this situation. As a previous poster stated its sounds like Unfair Dismissal by an Employer who is only vaguely aware of Labour legislation.
Best of luck with this I imagine its very stressful.


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## Smashbox (14 Oct 2008)

You aren't entitled to Redundancy unless you are made redundant. You are being sacked/fired, and so not being made redundant.

I agree with the previous posts, you could have your case looked into if you feel you were fired in the wrong even with poor sales and warnings.


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