Is this Unfair Redundancy??

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questions11

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I’ve been given notice of redundancy as the sole member of my company’s marketing department, with the explanation that the business will now focus on sales rather than marketing. However, I have concerns regarding the fairness of the redundancy process and the role of a newly hired Chief Commercial Officer (CCO), who has taken over many of my marketing duties. The CCO has implied I lack the necessary skills, yet they have ties to external marketing companies, raising transparency issues. Additionally, the redundancy letter references a staff handbook that I was never provided. Given these circumstances, could this be considered an unfair redundancy, and what steps should I take? What should I specifically ask during an upcoming redundancy consultation? I've been there 18 months so I know I'm not entitled to any payment , I was also going to bring a complaint to the wrc about them contacting me out of hours on Sundays, late nights and even when I was ooo when my uncle passed away. They have cause me an un necessary amount of stress. Any answers would be great.
 
Your best bet is to negotiate the best package you can.

Be prepared to bring an unfair dismissal claim.

Most organisations would sooner pay 6 months salary than the hassle / publicity of WRC.

And start looking for another job.
 
Brendan Burgess said:
Very good advice from Danny

They clearly don't want you.

So try to get 6 months' salary.

Start by challenging the redundancy.

Maybe even bring a solicitor to the meeting with you.

Brendan
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What's the best way to negotiate this? I thought they weren't obliged to pay me anything because I haven't been there for 2 years?
 
They don't want you and you've to try and leverage that to get a better deal. I did it once and got 6 months pay, (I agreed not to seek the dole and they didn't want publicity). Another time I went to a top lawyer for a one hundred euro meeting, then dictated an email to my husband which he sent HR based on that consultation and waited a very stressful Christmas. They came back with an offer of nearly 20 years worth of extra redundancy.
 
Brendan Burgess said:
@questions11

Forget the lawyer. Bring Bronte with you.
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The stress was incredible though, and my husband was in shock. We were up against the power and money of a very large American company. They discussed it with Deloitte who told them to pay. But that one hundred euro, with three children in tow, was the best money I ever spent, because in the email we could refer to one of the top legal firms on this country. (Not Ireland).
 
Bronte said:
They don't want you and you've to try and leverage that to get a better deal. I did it once and got 6 months pay, (I agreed not to seek the dole and they didn't want publicity). Another time I went to a top lawyer for a one hundred euro meeting, then dictated an email to my husband which he sent HR based on that consultation and waited a very stressful Christmas. They came back with an offer of nearly 20 years worth of extra redundancy.
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amazing! I wish you could be on my case. would it cost much to ask a lawyer to sit in on a zoom meeting? as the risk of redundancy consultation takes place in 2 weeks time . I guess negotiation takes place when I'm officially made redundant? Do you have details of the lawyer? I'm so confused how to approach all of this but if they want me to sign a waiver that I won't see further about it surely I can get something, as they have already told me to keep it confidential. it's a very small company would they agree to 6months salary?
 
Isn’t there a law about replacing someone who’s made redundant? As in the role is made redundant not the person.
I guess if you sign on it’s recorded somewhere that they made a person redundant? But the welfare offices don’t look at that I’m sure.
 
they are closing the marketing department to focus on sales but I'm basically been replaced by a cco who has already started to take over my role including creating a new website that I was tasked with but have been disallowed to see any updates as he has taken over, he has started to write copy for blogs and now wants to go through marketing campaigns with me and the results surely there wouldn't be a need for this if the department was closing?
 
Were you the last person to join the company ?
Are you capable of working in another part of the company ?
Normally the rule for fair redundancy is last in first out.
 

Dismissal

www.workplacerelations.ie www.workplacerelations.ie

This might be helpful. Last in first out is probably more often used in a situation where there are multiple roles ending with no distinction between them. This does not seem to be the case.

Read up on the criteria above and see if it applies in your case. Is your employer offering any legal advice as part of the severance package?
 
In my opinion... Right or wrong, there's probably no point in trying to fight it based on technicalities related to the definition of redundancy etc. They want you gone so the priority should be to get the best deal possible for yourself. Focus on that.
 
As an ex union Rep my advice to you is stop having conversations in your head. No disrespect is intended but everyone does it.
To a business redundancy is not personal but to you it is.
Two years is the magic number. You should aim towards this. Ask for the employee hand book. Use delaying tactics. I get the sense you might be working from home? Do not have any meetings of this nature by Zoom. Get someone to go into a face to face meeting with you. Again at your convenience.
Aim for voluntary redundancy and have the person with you negotiate the settlement. If you want six months ask for one year.
 
ClubMan said:
Sounds odd. Why would a former employee claiming jobseeker's benefit/assistance make any difference to the employer?
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A side point to OP, but Bronte was not in Ireland (despite their use of the word 'dole'). In some jurisdictions, employers pay based on claims.
 
questions11 said:
The CCO has implied I lack the necessary skills, yet they have ties to external marketing companies, raising transparency issues.
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If an absence of skills is the reason for the termination, it might be considered unfair. However, if the marketing function is being repositioned or restructured, and you don’t possess the newly-required skill set, that would be a legitimate redundancy.
questions11 said:
Additionally, the redundancy letter references a staff handbook that I was never provided.
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You should have been but that in itself doesn’t make it an unfair redundancy. Presumably you can get a copy now. What is the information that’s now being referenced?
questions11 said:
I was also going to bring a complaint to the wrc about them contacting me out of hours on Sundays, late nights and even when I was ooo when my uncle passed away. They have cause me an un necessary amount of stress. Any answers would be great.
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You could submit a complaint to the WRC under the industrial relations act but it’s unlikely to be of much benefit. There’s no actual breach of employment law unless your contract specifies that they shouldn’t do any of these things.

However, not giving you your terms of employment in writing is a breach and is something you could complain to the WRC.

What I would suggest is that, in parallel with the complaint, you could submit a grievance under the company’s grievance procedure which, by law, should have been referenced in your contract of employment.

I think you’ll find this will focus minds on your unwillingness to walk quietly into the sunset and will strengthen your hand in negotiations.
 
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