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Unfair dismissal?

shauneco Avatar
8y, 2m agoPosted 8 years, 2 months ago
My uncle was off sick from work for a while, He finally went back and coincidently they've made him redundant.

Do you think he has a genuine claim for unfair dismissal, Anyone else been through the process?

They obviously think they're clever making him redundant as opposed to sacking him.

He's been there 8 years, How much redundancy should he expect?
shauneco Avatar
8y, 2m agoPosted 8 years, 2 months ago
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[mod] 1 Like #1
Im certain they need to offer voluntary redundancy not statutory redundancy across the company first and then make a decision when a deadline passes.
1 Like #2
depends when they planned the redundancies

was he the only one?

edit

redundancy payments - employment act - 1 week for every year of service

1.5 weeks if over 45yrs -
1 Like #3
Go to a solicitor who offers a free 30mins consultation, they'll tell it like it is as they don't take on pointless cases. I thought they might try and force me into a lawsuit when i went but he was really honest and I gained compo myself. Although in this situation they could really help your uncle.

use google to find local free consulations.
[mod]#4
curvy_chicka
Go to a solicitor who offers a free 30mins consultation, they'll tell it like it is as they don't take on pointless cases. I thought they might try and force me into a lawsuit when i went but he was really honest and I gained compo myself. Although in this situation they could really help your uncle.

use google to find local free consulations.


In the current climate I wouldnt be surprised if ALL solicitors now offer a 30 minute consultation. The words "redundancy" and "solicitors" are going together like "salt and pepper" at the moment.
1 Like #5
If he was on offcial sick leave then he should have been given at least 30 days notice by law of any pending redundancy whether hes been there 2 years or not.

I would look into the details surrounding the governance of the redundancy and how the company handled it and communicated it to their employees. Also seek some legal advice on the matter.

With regards to Statutory Redundancy Pay then I think its a weeks pay for each year of employment up to a max of £330 per week. They must also pay him full notice period. That could be several weeks/months given the term of employment but would be dictated by his contract of employment.
#6
magicjay1986
Im certain they need to offer voluntary redundancy not statutory redundancy across the company first and then make a decision when a deadline passes.


He's not volunteered, They've offered him some redundancy, Apparently they've no work for him.
#7
acas helpline - impartial - very helpful
http://www.acas.org.uk/index.aspx?articleid=774
#8
holly100
depends when they planned the redundancies

was he the only one?

edit

redundancy payments - employment act - 1 week for every year of service

1.5 weeks if over 45yrs -


He was the only one
#9
if he was the only one then I'd definitely go see a solicitor!
#10
StevenA2000_uk
if he was the only one then I'd definitely go see a solicitor!


might not need to if he was in union - if not definately contact acas to see if he can claim unfair dismissal
in redundancy cases company have to prove that the position is no longer required - not uusing it as an excuse to get rid of people - if your uncle can prove this he is onto a winner -

a solicitor might take some of the award if case goes through - your uncle should get copy of his contract and conditions - read very carefully as he might have to start a grievance procedure first - do your homework before making a move:thumbsup:
#11
Good luck with it and take them to the cleaners if you can!

I've just spent the last 6 months going through a long winded major redundancy, not a good thing in any event but the company did it by the book so I had no complaints whatsoever.

But I cant stand shoddy companies that think they can just palm you off with any excuse and expect you not to do anything about it.

I'd be going straight to a No Win No Fee solicitor asap.
1 Like #12
Also, his local CAB (Citizens Advice Bureau) will be able to give free advice too.
#13
^
Thank you all for your advice, A+ To all and rep
#14
StevenA2000_uk
Good luck with it and take them to the cleaners if you can!

I've just spent the last 6 months going through a long winded major redundancy, not a good thing in any event but the company did it by the book so I had no complaints whatsoever.

But I cant stand shoddy companies that think they can just palm you off with any excuse and expect you not to do anything about it.

I'd be going straight to a No Win No Fee solicitor asap.



sorry about your redundancy - hope your sorted now
as for going to no win cowboys -
if shauneco uncle has a bit of savvy he could do it himself or any friends who are capable

loads of advice online or at the end of a phone (lot of bank accounts and insurances have legal helpline and usually £100000 worth legal rep)

- and if it did get to tribunal he will get a lot more respect and in a lot of cases a far better award than with the cowboys
#15
sorry to hear about your uncle.
I am sure he can claim up to at least three months compensation.
As I understood the company made him redundunt while he was off sick - which is really bad. You can claim compensation if you had been working for the company more than two years: so eights years are great.
If they made him redundunt because of bad work before than he should have at least three verbal and three writing wornings.
If to go to the solicitor you can have no win - no fee deal. But then you need usually to pay 50% + VAT to the solicitor. So better to try with Citizen Advise - they give advise for free

GOOD LUCK!!!

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