Termination of contract / Redundancy

[barty9]

My partner has worked full time for a small business for 6 years. Yesterday morning she was singed off for one week with depression and anxiety and given medication. Yesterday afternoon the managing director and her line manager made a visit to her house and delivered the news that the business was struggling financially and that she has 6 weeks left in work before they terminate her contract.

My partner was of course shell shocked and opened the following letter:

Itis with the greatest regret that I have to give you notice of termination ofyour employment
withXXXX

Asyou are aware there has been a large reduction in our business turnover whichmeans
thatwe are unable to sustain total salary cost at the present level.

Asthe full time Events Co-ordinator of the business there is no longersufficient work to
continueyour Post.

Thisis in no way a reflection on your work performance which has always been of ahigh
standard.

Thenotice period will be 6 weeks from the date of this letter.


Is this all above board? I thought she would be given redundancy - 1 week for every year?

[Johnboy007]

Re: Termination of contract / Redundancy

This is in effect a redundancy notice.
Your partner has not been dismissed through a disciplinary procedure, and therefore it has to be a redundancy.
You’ll normally be entitled to statutory redundancy pay if you’re an employee and you’ve been working for your current employer for 2 years or more.

You’ll get:

• half a week’s pay for each full year you were under 22
• 1 week’s pay for each full year you were 22 or older, but under 41
• 1 and half week’s pay for each full year you were 41 or older

The company have stated..
As the full time Events Co-ordinator of the business there is no longer sufficient work to
continue your Post.
So they have made the post redundant, and therefore your partner redundant.
Depending on age, wages earned, depends on how much your partner will get.
She is entitled to redundancy payment.
Make sure you keep hold of the letter, as it is proof of redundancy.

Click on this link to calculate redundancy payment....... https://www.gov.uk/calculate-your-redundancy-pay

Hope this helps

[barty9]

Re: Termination of contract / Redundancy

Thank you for the information it is very much appreciated. My partner is really concerned by all of this. I am hoping that a letter detailing this will do the trick.

[Johnboy007]

Re: Termination of contract / Redundancy

Your partner should write along the following lines to her boss.

(your partner's name)
(address)
(date)
(Department worked in)

FAO: (name of manager or boss) (name of company)

Dear Sir,
I am in receipt of your letter notifying me of the termination of my post as 'Events Co-ordinator' and the notice of termination of my contract of employment, by (name of company).
I also am aware by your letter, that there is no longer sufficient work for me to continue in that post.
In accordance to statutory regulations, I understand that I am entitled to six weeks notice, and redundancy payment for the six years worked.
Accordingly, my contract will therefore expire on (give date of leaving company)
Yours Sincerely,
(sign and date)

Make sure you keep a copy of this letter.
If you send it by mail, send it by recorded and signed for post (costs under Ł2.00)

This way you have notified the company that you are aware of the statutory regulations, and aware of redundancy payments.

[Johnboy007]

Re: Termination of contract / Redundancy

As a follow up,
I found it to be unacceptable for the Managing Director and a Line Manager to turn up at your partner's address while she is off sick.
They were obviously not calling to enquire about her state of health.
It seems the Managing Director has no back bone.......
But good luck to you and your partner.

[barty9]

Re: Termination of contract / Redundancy

Fingers crossed this will give her what she is legally entitled to. The CAB have advised her to contact ACAS.

Your partner should write along the following lines to her boss.

(your partner's name)
(address)
(date)
(Department worked in)

FAO: (name of manager or boss) (name of company)

Dear Sir,
I am in receipt of your letter notifying me of the termination of my post as 'Events Co-ordinator' and the notice of termination of my contract of employment, by (name of company).
I also am aware by your letter, that there is no longer sufficient work for me to continue in that post.
In accordance to statutory regulations, I understand that I am entitled to six weeks notice, and redundancy payment for the six years worked.
Accordingly, my contract will therefore expire on (give date of leaving company)
Yours Sincerely,
(sign and date)

Make sure you keep a copy of this letter.
If you send it by mail, send it by recorded and signed for post (costs under Ł2.00)

This way you have notified the company that you are aware of the statutory regulations, and aware of redundancy payments.

[Johnboy007]

Re: Termination of contract / Redundancy

Fingers crossed this will give her what she is legally entitled to. The CAB have advised her to contact ACAS.

If the employer refuses her redundancy then yes, contact ACAS.

[barty9]

Re: Termination of contract / Redundancy

If the employer refuses her redundancy then yes, contact ACAS.

Would it also be a case of unfair dismissal based on being signed off sick for one week in the morning and then receiving the notice in the afternoon?
My partners sickness record has been under one week over six years.

I am seeking to help my partner with a letter to be in the post next week.

[Johnboy007]

Re: Termination of contract / Redundancy

Hi,
Proving unfair dismissal is not easy, as the company have stated that there is not enough work to justify the post.
Your partner would do better to go for redundancy.
Just send of the letter and see what their response is.

[barty9]

Re: Termination of contract / Redundancy

Thanks John - My only reason for the unfair element is that she went off sick in the morning and then they handed her the notice in the afternoon. Would they also not have to consult with all employees if they were looking to make a post redundant?

[Johnboy007]

Re: Termination of contract / Redundancy

Thanks John - My only reason for the unfair element is that she went off sick in the morning and then they handed her the notice in the afternoon. Would they also not have to consult with all employees if they were looking to make a post redundant?

The company have stated full time Events Co-ordinator in their letter, stating that there is not enough work for your partner to continue that position. Therefore the post is redundant.
As they have not offered your partner alternative employment, she too is redundant.
The company will only state that your partner going sick in the morning, and them visiting in the afternoon, is purely coincidental.
The company do not have to consult with any other member of staff, unless they were employed in the same position as your partner. IE: Full time events co-ordinator.

[barty9]

Re: Termination of contract / Redundancy

The company have stated full time Events Co-ordinator in their letter, stating that there is not enough work for your partner to continue that position. Therefore the post is redundant.
As they have not offered your partner alternative employment, she too is redundant.
The company will only state that your partner going sick in the morning, and them visiting in the afternoon, is purely coincidental.
The company do not have to consult with any other member of staff, unless they were employed in the same position as your partner. IE: Full time events co-ordinator.

Thanks she was the only person in the business that held that particular role.
A pretty rotten thing to do when you are signed off from work but I am not up on my employment law.

[Johnboy007]

Re: Termination of contract / Redundancy

Thanks she was the only person in the business that held that particular role.
A pretty rotten thing to do when you are signed off from work but I am not up on my employment law.

Nor am I mate.........msl:

[barty9]

Re: Termination of contract / Redundancy

reply recieved today... are they still trying to wriggle out of paying redundancy?

Dear xxx,
As you know you have been on sick leave since 19/08/2014 and have provided a fitnote
stating the reason for your ill-health being “anxiety and depression”. Naturally we are
concerned about you and l am therefore writing to request your attendance at an informal
welfare meeting either at our premises or home address or elsewhere if you Prefer-
The purpose of this meeting is to establish the nature and extent of your illness, how long it's
likely to be before you may be well enough to return to work and what arrangements we
might need to make to ensure your safety_
Please rest assured that any meeting will be purely informal and if you wish, you may be
accompanied by a family friend, relative or fellow colleague.
In the meeting, in light of the meeting held on 19/08/2014 when your redundancy was
confirmed, i would like to take this opportunity to discuss it with you and would also ask you
to personaily consider and put forward alternative proposals and suggestions at this meeting
which you feel are relevant and may have avoided redundancy.
On a personal note, mail I Say how sorry I am that this situation has arisen and wish to
assure you that the redundancy is no reflection upon your ability or commitment to the
company. it merely reflects the difficult trading circumstances in which the company is
operating
I should be grateful if you would contact me, either by telephone, letter or email so that we’
can make the appropriate arrangements.
in the meantime I wish you well.

yours x y z

[Johnboy007]

Re: Termination of contract / Redundancy

They cannot wriggle out of it......... Which on reflection and going by this latest letter, they are trying to do.
They stated in their recent correspondence ' in light of the meeting held on 19/08/2014 when your redundancy was
confirmed. ' So they have confirmed redundancy.

All you need do is state, that in light of the chance that this may happen again. You have considered the contents of the latest letter, and feel you have no other option, other than to accept the redundancy which was confirmed in the meeting on 19/08/2014.

The company cannot back out of it..... They terminated the employment in the first letter, and have confirmed it in the latest letter.
Good luck mate, you owe me a beer