Is this Unfair Redundancy??

Also, a company is obliged to pursue alternative roles that you could be offered. Ask them how they’re getting on in this regard.
 
As everyone says, it all sounds very unfair but no matter what they will have you out, so your best bet is negotiate for 6 months pay for you to leave. Ask for the staff handbook and a few days to study it. Ask for a meeting and bring someone with you. Ask for 12 months redundancy payment. Do not wait to negotiate after you have left, once you walk out the door you are gone. So keep delaying the 30 day notice period to give yourself breathing space.

Dear HR, I was very surprised to be told that I was going to be made redundant last Friday. The staff handbook was mentioned. I do not have a copy. Please provide me with a copy and point out the relevant sections to me. I will need to discuss this with my representatives so once I have a copy of the handbook I will need 5 working days to respond and the 30 day notice period needs to pause while I review the booklet.

Same with a meeting.
Dear HR Thanks for the booklet, I have studied it with my representatives and I have some questions. Can we meet Monday week to discuss further and I will bring a personal representative with me. They are not available sooner so the 30 day notice period needs to pause.

Stuff like that.

Dear HR, I notice I need to be able to evaluate other jobs within the company, can we meet next week to discuss. In the meantime I would like to propose a full and final payment of €xxx in order for me to leave your employment immediately on receipt of payment.

Just hold firm, and don’t get emotional. Keep thinking just give me the money and I am gone.
 
I really appearicate all of the replies I have a consultation next week and I just want to know what questions should I ask. For the first time in a long time I will sleep well tonight. I've been told.i can bring a colleague to the meeting, should I bring a lawyer, just to take notes?
 
thank you for the advice I'll try and hold them off they are a very very small company 10 employees do yo think they would pay out? I haven't been there for 2 years but I feel they wouldn't want this to go to the wrc
 
people don't get made redundant, roles do. If they are a small company, scare the living daylights out of them would be my advice. Note also that if they are in effect outsourcing your role to an external firm, you should ask if TUPE (Transfer of Undertakings of Permanent Employees) will apply as you may have an entitlement to, in effect, transfer to the new provider.
 
questions11 said:
thank you for the advice I'll try and hold them off they are a very very small company 10 employees do yo think they would pay out? I haven't been there for 2 years but I feel they wouldn't want this to go to the wrc
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Be careful with threats. What exactly might you bring to the WRC?

It’s still not clear that the company has acted improperly.
 
I've talked with a lawyer today apparently I could have a good case because I'm been replaced . It's falling under an unfair dismissal claim. Thanks for all of the help hopefully this works in my favour.
 
Most companies have a figure in mind for getting rid of tricky situations like this. They’ve made a business decision to get someone else to do the work you are currently doing and presumably that’s going to save them in the long run so there’s cash around… just a matter of them making an offer.
Best of luck
 
questions11 said:
I've talked with a lawyer today apparently I could have a good case because I'm been replaced . It's falling under an unfair dismissal claim. Thanks for all of the help hopefully this works in my favour.
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I'd be unsure of that, but it would get the company to think of an offer to make you move without hassle.

They will argue that there's no full-time role in marketing anymore and as part of a cost saving review, it was decided to make that full time role redundant and the COO take over any tasks in that area.

I would not go in too strong against them as they may gamble on winning a case. Aim for 6 months salary, but be prepared to accept 3 months.
 
DannyBoyD said:
This isn't the time to 'play nice'
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No, but neither is it the time to make useless threats that serve only to get people’s backs up.

I said in an earlier post that if a job is being repositioned to the effect that it requires a person with different or additional skills, then a current job holder can legitimately be made redundant and replaced.

I recently advised a company who did exactly that. The employee was being so unreasonable and rigid in his demands that they ultimately just ceased negotiations and paid him his statutory entitlement.

If it’s a direct like-for-like replacement then it’s an unfair dismissal but that’s not the impression I got from the original post.
 
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