Being made redundant, only being offered statutory payment.

Hi there

Last week I was informed I was being made redundant from the small company I work for. The week before we were informed the company was on course to make a substantial loss and the bank was refusing further credit.

We have less than 10 employees and I am there the longest there (over 10 years) yet I am the only one being left go while the rest of staff are taking a paycut, no one else was offered redundancy or even talked to about it.

I am only being offered statutory redundancy and I'm not sure what to do.

cheers

You could call [broken link removed] to find out your rights.

Not enough details here to advise but google around the law and redundancy and you'll find plenty.

Was there consultation
What are the grounds
Could last in first out be argued
Were you given any chance to defend your position
You can take an unfair dismissals case to the EAT if you feel you have been treated unfairly (this is an actual legal definitio not just they don't like me)
If you are only getting minimum and you fell you have a basic case it might be worth mentioning you are considering this and the offer might miraculously improve

mmclo said:

Not enough details here to advise but google around the law and redundancy and you'll find plenty.

Was there consultation
What are the grounds
Could last in first out be argued
Were you given any chance to defend your position
You can take an unfair dismissals case to the EAT if you feel you have been treated unfairly (this is an actual legal definitio not just they don't like me)
If you are only getting minimum and you fell you have a basic case it might be worth mentioning you are considering this and the offer might miraculously improve

Click to expand...

Hi and thanks for the reply

No there was no consultation and the only grounds is that the company is running out of money, the bank is not giving any more loans and numbers have to be cut. I think the choice came down to me an another employee (as our jobs are basically the same) and I think my wages are highest so a bigger saving can be made.

I am currently the longest serving employee in the company and I wasn't given a chance to defend my position.

I asked yesterday if it would be possible to get a larger payout and basically was told that the company doesnt have it.

Z

I think you should consult an employment lawyer. Your employer has to be able to show how it arrived at its decision to make you redundant but keep your colleague.

I agree with Calico


The employer cannot mandatorily make you redundant on the grounds of highest pay.

Contact FLAC, and ask for meeting with Industrial Relations Lawyer, I believe you would have a good case for unfair dismissal

Take legal advice before accepting the redundancy package on offer


http://www.flac.ie