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Redundancy laws

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  • Redundancy laws

    I recently found myself in the process of being made redundant, in both meetings with my ex employer i was told that my position n Sales was being made redundant.
    Moving on I was offered a comprimise/termination agreement and some payment towards a solicitor to oversee the agreement.
    The signing of this agreement dragged on and I found myself having to contribute to my solicitors fees and ended up signing under duress to try and complete the signing.
    Whilst I am not particularly aggreived at this I now find that the company have employed a new salesman merely 6 weeks after my termination, I had always suspected that my termination was engineered - I had never missed my sales targets and contributed 65-70% of the sales for one particular manufacturing site for this company! - and this recent news only leads me to believe this is true.
    however, my solicitors says I have not rights to make any claims as the settlement was full and final, I agree with the wording but cannot believe that this agreement can allow the company to say one thing and yet clearly prove that what they were saying i.e position redundant, was not true
    Is my solicitor correct? I certainly would not have signed the agreement had I been aware that they could do this

  • #2
    Re: Redundancy laws

    Welcome to Legal Beagles Jon.

    I am sure you will get all the help you need here, it might be useful if you could post a copy of the final agreement signed (blank out any ref. to you or employer).:beagle:
    The charges coming in to the banking industry every day will more than pay the banks total legal bill for the whole test case so why wouldn’t the Banks want to "ensure Justice at the highest level"

    Comment


    • #3
      Re: Redundancy laws

      Iin essence they didnt actually make you redundant else you wouldnt have needed the compromise / termination agreement. How did it go on from being offered 'redundancy' to being asked to sign the compromise agreement ?

      Do you know if the guy who has taken over from you is being paid markedly less ? (just as a reason why they wanted rid of you to take on someone else so soon after in the same role)

      Unfortunately these Compromise agreements are signing away most of your legal employment rights in return for a termination settlement. Did you get a comparable to redundancy payment settlement ?

      I presume your solicitor explained this all to you before signing the contract ? Does the contract say 'redundancy' in it ?


      A Compromise agreement can be used in a variety of situations but they commonly fall into the following categories;
      • Where there is, or is threatened to be, a legal dispute between the employer and the employee and the employer is prepared to pay some compensation to the employee to settle or prevent the claim being pursued in the Employment Tribunal.
      • Where the employee is being made redundant and the employer is offering an additional or enhanced payment over and above statutory or contractual entitlements
      • Where there is a difficult situation in the workplace or things are just 'not working out' and the employer and the employee are able to agree mutually acceptable severance terms to resolve the matter.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

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      • #4
        Re: Redundancy laws

        if you are in any doubt call ACAS who will be able to offer free impartial advice

        ACAS

        Comment


        • #5
          Re: Redundancy laws

          Thanks all for info so far, in response to Amethyst's post the first item on my comprimise agreement reads thus:-
          1 Termination of employment

          Your employment will terminate on 31 August 2009 (the “Termination Date”) by reason of redundancy

          Yes, my payout was comparable to redundancy and even enhanced over the statutory government payment

          Is the new sales person being paid less than me? - I don't know, but I was not offered lower pay in return for continued employment, I was told categorically that my position was no more. To add insult to injury the new chap has come from one of my own accounts!

          I knew my position was not redundant but I could not fight their actions and assumed that they would deal with my accounts using their existing staffing levels

          Was I aware of my rights after signing the agrrement - in short and in regards of this argument only then no I wasn't made aware and this is anothe area that is causing me frustration.

          I would have thought that my solicitor would at least have offered to write a strongly worded letter to me ex-employer, I am just be told that this is what termination agreements are for

          Bluntly, someone is doing my job and getting paid for it whilst I sit here on jobseekers allowance with a family and mortgage to try and look after.I think if

          I had been told that basically I was being offered money to walk quietly away and had not been hoodwinked with the "position redundant" rubbish then I may not feel quite so aggrieved
          Last edited by Amethyst; 20th October 2009, 12:52:PM. Reason: Automerged Doublepost

          Comment


          • #6
            Re: Redundancy laws

            in that case you should possibly look into complaint against your solicitor as it appears he has not explained or correctly advised you on the meaning/consequences of the agreement.

            I would give ACAS a quick call though as they are the professionals in these cases.

            Was the solicitor you used one provided / recommended by the company ?
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Redundancy laws

              In all honesty Amethyst I walked into this naively it seems - when I appointed my solicitor it was straight from a search in yell.com of the Cardiff area so she was neither recommended nor appointed by my ex-employer
              The company are part of a massive, global corporate so frankly I am surprised if what they offered want be water tight but I will contact ACAS
              Thanks for your advice

              Comment


              • #8
                Re: Redundancy laws

                I do feel for you, it seems your employers have been rather clever in this and you are left without work and your family to support, and redundancy payments don't last very long even with a bit extra for the compromise agreement, while they get to pay someone to do the same job probably for a couple grand less a year.

                Let us know what ACAS say, and if we can help you with anything else then please dont hesitate to ask.
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment

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