# Unfair selection for redundancy?



## jillyb (24 Aug 2019)

Hi all,

I'll try and keep this as short as possible.

So I was called in yesterday and told my role would be made redundant and they are offering 5 weeks redundancy. I am 6 weeks short of being there two years to be entitled it but they are still offering it. (don't think they know this however)

So basically I am on a 3 day week and I do accounts/registrations so I assist a full time person who does registrations and a part time person who does accounts ( we both do a 3 day week with opposite days and one day overlap) but the accounts person also does more of the accounts like quarterly returns etc that I'm not qualified for.

The part time accounts person was hired after me but I'm not qualified to do some aspects of her role so she has been kept on instead of myself.

Now the reason for the redundancy is it had gotten quieter in the office in the last couple of months, resgistrations down etc however it usually picks up in the autumn so think it's a bit premature.

Also the full time person who does registrations is going on mat leave in a month. They advertised her replacement at the start of the summer but the person only started the role 3 weeks ago.

It seems they could have done a better job at maybe hiring that person part time and sharing the workload or else figure out some way to fairly not make me redundant?

It's a small office so If I am let go the full time person will be there on their own probably 1 or 2 days a week. I don't think that either of them will be happy as between them they'll have to absorb my work and harder for cover for holidays, appointments etc


What do you think? thanks


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## cremeegg (24 Aug 2019)

Sorry, but it seems to me that there is not much you can do.

From your own summary of the situation there does not seem to be anything unfair in the way you were selected for redundancy.

The employment situation is good. I would look to the future.


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## jillyb (29 Aug 2019)

Hi,

So I have an update. 

I spoke to my employer about the possibility of reduced days/hours for now and see if things pick up. He said he’d speak to higher ups. He said in the meantime he’s still send on an agreement as it was already in the works and see what I think. I received it but it no where mentions redundancy and the amount is taxable. It’s a mutual settlement agreement which includes I have to get legal advice and have that person sign it to ensure it’s binding. He’s gone on holidays til mid next week but the proposed termination date is late next week. 

I am going to some legal advice as my mother works in HR and said it’s not good. It’s saying we are both agreeing to this and could leave me open to not being able to claim JSA/JSB for 9 weeks? This would leave them open to be able rehire in my position and it looks like they haven’t gone through any redundancy procedures. Just bypassed it and offered me this in the hopes I’d just leave. I’m a permanent employee so they can’t dismiss unless they have a genuine reason. It seems a bit iffy to me. Side note the day after he called me in an told me an email came in re a salary increase my boss was due in last 2 years but didn’t receive it and now agreed for it to be implemented immediately. If money is an issue then it doesn’t look good if they are letting me go.


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## elcato (29 Aug 2019)

Can you clarify that you got 2 x 5 weeks pay in the settlement ? I'd imagine the 'both agreeing to this' is to the final settlement not to you giving any notice so the 9 weeks is a red herring. That said if your ma is a HR expert then she is well qualified in helping you.


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## jillyb (29 Aug 2019)

Hi, 

No I was offered in the settlement just over 1 weeks paid notice and then just 5 weeks pay as a lump sum but taxable. 

It is proposed though apparently and my job isn't terminated till the settlement is agreed upon and signed. My mum hasn't worked in HR in a good few years but she does know her stuff but it may be not as up to date.


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## Peanuts20 (29 Aug 2019)

Firstly ex gratia redundancy payments from an employer can be taxable depending on the amount and your service. 

Secondly by agreeing to this it could be construed to be a voluntary redundancy as opposed to a compulsary one. Voluntary is a far easier process for an employer to go through then a comp one but it will delay your ability to claim benefit


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## elcato (29 Aug 2019)

Peanuts20 said:


> to this it *could *be construed to be a voluntary redundancy


I doubt they would be so detailed. She has been given no choice as it's the company that is making her redundant but to make sure I would request that they state so.


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