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Legal matters

Redundancy - illegally handled?

5 replies

singinggirl · 28/01/2014 07:13

My sister has just received notice that she is to be made redundant in April, two days before her entitlement to redundancy pay would come into force. The management then want to give her a three month temporary contract to 'assist in the handover'. This seems not right on many levels, what are her rights here?

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NoSquirrels · 28/01/2014 07:19

If her role is being made redundant as of April then there can be no handover, as there is no business need for it. Very dodgy. Get them to put it in writing is my first thought.

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cathpip · 28/01/2014 07:30

If she is being made redundant then that's because her position will no longer exist, if it will still exist but in a new set up then she should be "put at risk" and be allowed to reapply for the new post. Basically if I am correct, how can she assist in a handover for a job that no longer exists! She needs confirmation in writing and a chat with an employment lawyer.

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Perfectlypurple · 28/01/2014 07:35

Contact her union if she is in one. Or see a solicitor.

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flowery · 28/01/2014 07:38

If they are extending her employment for three months she won't be redundant in April she'll be redundant at the end of that three month period, so if that takes her over the two year qualifying period for redundancy pay and unfair dismissal rights, then she'll be entitled to redundancy pay if it is a fair dismissal (which it sounds as though it may not be) and to claim unfair dismissal if she thinks it isn't a fair dismissal.

Have a look at ACAS website for a detailed guide to redundancy including what counts as a legitimate redundancy situation and what a fair process looks like.

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singinggirl · 28/01/2014 19:22

Thank you, I knew it wasn't right but needed to work out what bit. Will phone her tonight with all your thoughts.

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