# Unfair dismissal or redundancy



## TigerDaisy (17 Feb 2017)

I'm asking on behalf of someone! 

She's a Finance Manager, does payroll etc and was called into the office last week and told her position was being made redundant. A new person has been hired as a bookkeeper, the FM has to handover and it's come to light that the payroll work has been outsourced to another company. The bookkeeper is only working one and a half days per week. Finally, had the FM been offered the 1 and a half days, she would've taken it. It wasn't offered at all. Is this redundancy or unfair dismissal.


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## JoeRoberts (17 Feb 2017)

Could be either. What is more important is what is she willing to do about it ?
Is she willing/able to put forward a case and follow through a challenge possibly going all the way to the WRC -?
Nothing is clear cut in these cases. Many people don't have the stomach for the stress involved. If she does have the stomach for it then she can make a challenge but its a long road. She can do it herself if she has the ability or hire a solicitor. I don't think she has a particularly strong case but at the end of the day, it depends on the person hearing the case in the WRC. Sometimes no logic to their decisions.

And plenty finance jobs out there at the moment ..sometimes a good reference and move on can be the sensible option.


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## thedaddyman (17 Feb 2017)

If the work has been outsourced then she may have a legal right to TUPE over to the new provider.


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## JoeRoberts (17 Feb 2017)

thedaddyman said:


> If the work has been outsourced then she may have a legal right to TUPE over to the new provider.


TUPE requires transfer of part of the business.
No case for it here just because one element of the job was outsourced.


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## Gerry Canning (17 Feb 2017)

Tiger Daisy, Is she in a union?, unions are good at advising and like insurance, are necessary.


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## michaelm (17 Feb 2017)

Whatever it is I wouldn't want to work there anymore if it was me.  I would try to negotiate a generous redundancy package and leave amicably with a written reference . . and I'd only threaten unfair dismissal if the employer was intransigent.


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## mtk (19 Feb 2017)

Factors to consider in her approach are ..,,,
1) Is she being offered a generous package ? If she has to handover work they may be willing to pay up  to keep her happy 
2 ) can she handle stress of a fight 
3) union rep available ? 
4) would company care about bad publicity 
6) age - Easy to get new job or not ? 
7) her resources - other sources of income etc ? 
8) precedents / anyone else going to ?

I am not hr prof. or a lawyer just been through it .


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## odyssey06 (19 Feb 2017)

In relation to 1.5 days for the book-keeper, don't assume that they are under the same pay, terms & conditions as 1.5 days in the Finance Manager role, so I'd think twice about pushing for that.


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## TigerDaisy (21 Feb 2017)

Thanks for all the replies,  not that it really answers my question. She's the ONLY person being made redundant, is 50 years old, no union rep as it's a small private company in Scotland. Her notice period is a month, and throughout the 21 months of working there, the boss has been a bitch towards her especially. She's done the handover, and has to work till the 6 March. When she asked what sage needs to do, she was told her normal work. So the job isn't redundant, part of the work has been outsourced and the "bookkeeper" will do the rest. So basically 2 different entities will be doing what 1 person does.


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