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Employment advice 15:35 - Feb 12 with 8649 viewsJack11

Hoping for some advice on an employment matter. Today my partner was given a letter from her employers about possible redundancy, with the meeting taking place Monday at 2pm. She has been given the option of bringing a "suitably qualified trade union official" with her. I want her to have that support as the boss is piece of work and I want her treated fairly. She is not a union member and neither am I. I'm guessing it's like car insurance where you can't buy it after a bump e.g we can't join a union for an existing matter, albeit only a couple of hours. Any help on this would be appreciated as I want her fairly represented in front of her scumbag boss.
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Employment advice on 15:51 - Feb 12 with 7216 viewsLoyal

The letter should talk about preferencing ?
That is the preference to apply for her own job, another job or be voluntary redundant.

If it's compulsory then it's pretty much done.

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Employment advice on 16:00 - Feb 12 with 7197 viewsAl_Bundy

You stated possible redundancy !? There could be a number of possibilities. Does you partner know if he/she has been selected for compulsory redundancy or is the company weighing up who to keep and let go? You should request the companies HR is present to take the minutes and advise and keep the boss on track to stop any railroading. I would suggest you ask your partner if there are any issues outstanding around punctuality , productivity or any performance related to them which the boss will leverage a conversation in their direction.
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Employment advice on 16:03 - Feb 12 with 7186 viewsjedijack

My misses had a similar issue a few years ago, I'm pretty sure she would have had to be a union member for 12 weeks before they would represent her.

Turns out that incident was a false alarm but she signed up with the union anyway. About a year later they did make her redundant and there was very little the union could do to be fair.

Sorry if it does turn out to be bad news, by the way.
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Employment advice on 16:17 - Feb 12 with 7159 viewsAndy1300

when I worked in a factory and we were told it was closing, there was a mass recruitment to the union, so she should be able to join and get that help

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Employment advice on 16:28 - Feb 12 with 7139 viewsJack11

Thanks for the replies guys - I appreciate the sentiments and the good advice too. It's potential, so he might be decent and accommodating. I doubt it though, so will get on the case with the union and pass these pieces of advice on to my other half too. YJB.
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Employment advice on 17:12 - Feb 12 with 7090 viewsepaul

Is it just her or are there others facing this? If sonthe company should have consulted with the representative Trade Union. If it's just her why just the one individual?

It's down to the individual union rep if they want to rep her if she joins, they are not obliged to but some dosome don't. Just make sure she takes someone along with her. You need someone else to hear what is being said and take notes as it can be worrying for the individual.

Is this a restructuring of the dept/ company where some post will go? If so they should be doing a selection process where by individuals basically apply for their own job, if not what is the companies redeployment policy and as already stated get hold of the company's redundancy policy


https://www.gov.uk/redundant-your-rights/redundancy-pay

http://www.acas.org.uk/?articleid=1611
[Post edited 12 Feb 2016 17:17]

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Employment advice on 17:18 - Feb 12 with 7075 viewsMrSwerve

What's the point in paying to be in a union if you can join just after you have a problem at work?

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Employment advice on 17:30 - Feb 12 with 7052 viewsmikecranleigh

Same as if you breakdown in your car the AA won't help you if you just join because you have broken down
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Employment advice on 17:50 - Feb 12 with 7012 viewsepaul

Employment advice on 17:18 - Feb 12 by MrSwerve

What's the point in paying to be in a union if you can join just after you have a problem at work?


Fully agree, my personal stance was that I never took on retrospective, however there Re individual reps who would sign someone up nd deal with the issue

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Employment advice on 17:54 - Feb 12 with 7002 viewssully49

Employment advice on 17:12 - Feb 12 by epaul

Is it just her or are there others facing this? If sonthe company should have consulted with the representative Trade Union. If it's just her why just the one individual?

It's down to the individual union rep if they want to rep her if she joins, they are not obliged to but some dosome don't. Just make sure she takes someone along with her. You need someone else to hear what is being said and take notes as it can be worrying for the individual.

Is this a restructuring of the dept/ company where some post will go? If so they should be doing a selection process where by individuals basically apply for their own job, if not what is the companies redeployment policy and as already stated get hold of the company's redundancy policy


https://www.gov.uk/redundant-your-rights/redundancy-pay

http://www.acas.org.uk/?articleid=1611
[Post edited 12 Feb 2016 17:17]


Superb advice, she must take someone in with her. It's difficult to advise on the little you've said, Big company or not, is it closing or just making limited reductions, is she the only one, is there a handbook or contract that lays down a procedure? epaul has given a acas link it might help in this matter.
Age and length of service are also vital before helpful advise.
I wish her well. Its easy to say don't worry but there is help out there for you.
https://www.gov.uk/browse/working/redundancies-dismissals legal rights.

[Post edited 12 Feb 2016 18:17]

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Employment advice on 18:12 - Feb 12 with 6965 viewsAndy1300

Employment advice on 17:18 - Feb 12 by MrSwerve

What's the point in paying to be in a union if you can join just after you have a problem at work?


a load of us agreed with you as we were fully paid up for years, then when the shit hit the fan they all joined up and reaped the rewards
thats just the way it is

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Employment advice on 18:20 - Feb 12 with 6938 viewssully49

Employment advice on 18:12 - Feb 12 by Andy1300

a load of us agreed with you as we were fully paid up for years, then when the shit hit the fan they all joined up and reaped the rewards
thats just the way it is


Union's when working with, and against management are mutually beneficial.

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Employment advice on 18:48 - Feb 12 with 6889 viewsJock_The_Jack

Firstly I should point out I'm an employer. My staff do not generally belong to Trade Unions unless they are covered through a family policy. However, recently during a disciplinary procedure a staff member hired this guy to represent her during the process.

Greg Hughes
GMB@Work
02920 462 056
greg.hughes@gmb.org.uk

The guy way very professional.
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Employment advice on 18:54 - Feb 12 with 6871 viewsGh0st

Employment advice on 18:48 - Feb 12 by Jock_The_Jack

Firstly I should point out I'm an employer. My staff do not generally belong to Trade Unions unless they are covered through a family policy. However, recently during a disciplinary procedure a staff member hired this guy to represent her during the process.

Greg Hughes
GMB@Work
02920 462 056
greg.hughes@gmb.org.uk

The guy way very professional.


Hi Greg
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Employment advice on 19:03 - Feb 12 with 6853 viewsbathgatejack

Employment advice on 18:54 - Feb 12 by Gh0st

Hi Greg


If your not a union member anyone can go in . FACT
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Employment advice on 19:26 - Feb 12 with 6826 viewsepaul

Further info

http://www.acas.org.uk/index.aspx?articleid=4561

http://www.xperthr.co.uk/faq/do-employees-have-the-right-to-be-accompanied-at-me

a redundancy is a dismissal, if not done as per redundancy regs could leave the employer open to tribunal

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Employment advice on 19:35 - Feb 12 with 6808 viewsJackattack

Employment advice on 17:30 - Feb 12 by mikecranleigh

Same as if you breakdown in your car the AA won't help you if you just join because you have broken down


Yes they will.
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Employment advice on 19:42 - Feb 12 with 6792 viewsGlyn1

I don't know what I'm talking about so am not going to add to the advice that you've already been given. Contact a union for advice anyway, keep a record of everything, don't go into a meeting alone, find out if this is a redundancy or a dismissal.

BUT telling someone on Friday that the meeting will be on the next day (Monday) (i.e. next business day) smells a bit. Why so much rush.

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Employment advice on 20:12 - Feb 12 with 6751 viewsJack11

Thanks again all for the replies. Just a little update: on the basis of contacting ACAS she has requested to defer the meeting to buy time to get some assistance from a union rep. Her boss has agreed to this, so it's now Wednesday not Monday, which is something at least. Whether she attends work until then is currently up in the air but I reckon she needs to go in and try to be normal until the meeting.

As there have been a few queries about the size of the company and whether anyone else is affected; it is a small office with 10 members of staff and nobody else has been given a letter. That said she is the only one who works in her area of 'general administrator'. To add a bit more depth to what I've said/asked, here is the wording of the letter.......

"I am writing to you after today's meeting to confirm that due to the increased labour costs taking place in April ( national minimum wage compliance) and the forced introduction of a new planning system, the Company will experience a significant increase in costs. After considering all options, the Company has decided the position of General Administration is potentially redundant. If this post is made redundant, you are likely to be the person selected for redundancy and I must advise you that you are at risk of potential redundancy.

It is proposed that the Company will consult with you about this possibility. The purpose of this consultation is to discuss ways of avoiding the redundancy or mitigating its consequences and we will look at whether alternative employment within the company is possible.

This meeting will constitute the start of the formal consultation process and in view of this you are entitled to be accompanied by a fellow employee or a suitably qualified trade union official."

As said thanks very much for the great advice and tips so far - honestly very helpful.
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Employment advice on 20:18 - Feb 12 with 6736 viewsJack123

I went through this a few years back, I can't remember too much looking back now, apart from it all seemed pretty much cut and dried when I was selected for redundancy..My only regret is that I didn't take them on for unlawful dismissal, because within a few weeks there were a gang of agency workers doing my job!

Yes, if you get made redundant from your post, in effect, your job no longer exists, and no-one can do that job(may need some clarification on that).. so if the worst happens and the employer behaves wrongfully make sure you stick it to them! I hope, it doesn't though, nothing worse..

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Employment advice on 21:33 - Feb 12 with 6670 viewssully49

Employment advice on 20:18 - Feb 12 by Jack123

I went through this a few years back, I can't remember too much looking back now, apart from it all seemed pretty much cut and dried when I was selected for redundancy..My only regret is that I didn't take them on for unlawful dismissal, because within a few weeks there were a gang of agency workers doing my job!

Yes, if you get made redundant from your post, in effect, your job no longer exists, and no-one can do that job(may need some clarification on that).. so if the worst happens and the employer behaves wrongfully make sure you stick it to them! I hope, it doesn't though, nothing worse..


I believe that after 3 months the job as it is now can be re-advertised, the reason 3 months is the length of time you have the legal right to appeal, and there's nothing you can do about it beyond that date unless you can prove the Company was in breach of employment laws.
Employers have loads of legal loopholes to do such things, legally right, morally it stinks.
By now everyone must have signed a contract of employment, this document should have procedures in disciplinary and other thing what the Company sets as rules, absenteeism, sick pay for example. Seniority is a thing from back in the day, business needs are the real driving force these days.

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Employment advice on 22:12 - Feb 12 with 6638 viewsSwanzay

I witnessed at 1st hand last year the HR approach of redundancy, believe me its saying goodbye with a smile and saying sorry etc. whilst being the devil that is HR.

Some background to how it really works!

Months of planning goes into it prior to letters being sent out, believe me.

HR will have a list of all employees at least 6 months in advance, they look number of things.

Days off sick per annum
Your earnings
Are you pro company?
Performance
Have you been a negative towards managers objectives (even if they were ridiculous tw@ts)?

They will then have a data base of potential 'keep' employees for their current positions and then another pool of where they will want to keep certain employees (brown nose) but redeploy them.

The others who fit none of the above are then made redundant.

The next stage is the company legal team who identify who’s in a union or could cause problems. This then get fed to the companies legal team at least 3 months prior to announcement so that they can prepare a case against an individual incase the decided to bring the matter to a tribunal.
The threat will put most employees of asking questions after the redundancy has occurred (scare mongering).

Sadly don’t thing its happened in the last 2 weeks, this has been planned for at least 4 months in advance!

Im sorry to hear!
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Employment advice on 22:30 - Feb 12 with 6626 viewsBrynmill_Jack

Check your household insurance for legal cover and if you have it get the opinion of a specialist employment lawyer (if you are in doubt).

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Employment advice on 22:35 - Feb 12 with 6611 viewsBrynmill_Jack

Employment advice on 18:48 - Feb 12 by Jock_The_Jack

Firstly I should point out I'm an employer. My staff do not generally belong to Trade Unions unless they are covered through a family policy. However, recently during a disciplinary procedure a staff member hired this guy to represent her during the process.

Greg Hughes
GMB@Work
02920 462 056
greg.hughes@gmb.org.uk

The guy way very professional.


Slater and Gordon. Very professional and totally independent (no union axe to grind).

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Employment advice on 08:24 - Feb 13 with 6519 viewsjackportis

My advice is this. Cut out the union. Seek the advice of a local solicitor who deals with employment law. Contact them they will give you support.

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