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Reundancy Question - HELP!!

7 replies

Mandymoo · 16/05/2005 21:10

I started a thread a week ago after my boss said he was gonna make me redundant as i had no work to do and this had been the situation for last 2 years. Anyway today i rang him and he acted very strange. Said he couldnt make me redundant as it would be "highly illegal" - what does this mean???

I asked him and he said "can't tell you, need to keep some things close to my chest - you will have to find out for yourself" - what the hell does that mean??

Any advice please??

Also - he agreed to me going back 2 full days now he says he wants me to go back every morning or every afternoon - can he demand this? This would be childcare nightmare!!!!

Thanks XX

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darlingbud · 16/05/2005 21:11

All I know about redundnacy is that it is when there is no longer a job so for example he couldn't make you redundant then hire someone else to your role.

My advice is to talk to ACAS - they'll give you some great advice.

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Mandymoo · 16/05/2005 21:18

Hi darlingbud
I rang ACAS today and they said that he was probably playing "silly buggers" with me - there are no other redundancies being made it was simply a way of resolving my situation. Feels like he's trying to make it impossible for me to stay or go. (angry)

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darlingbud · 16/05/2005 21:21

did you get the agreement about going back 2 full days in writing? Why did he say he now needs you back every half day?

The only thing I can think of to do with "highly illegal" is if he were planning on bringing someone else into your role after you had been made redundant.

Maybe we have some legal peple on here? Could you speak to a solicitor on a one hour free consultation?

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Mandymoo · 16/05/2005 21:23

Thanks darlingbud might try and do that - just feeling a bit trapped at the moment. Thanks for your advice XX

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Mandymoo · 16/05/2005 21:25

Darlingbud - nothing in writing and I really dont know why he now needs me back every half day. Call my cynical but i think he's making it very hard for me to stay or leave. Dont need the hassle to be honest!!!! XX

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sis · 18/05/2005 10:36

Hi Mandymoo, is there anything else going on eg are you pregnant or on maternity leave - 'cos it can be tricky making someone redundant when they are pregnant or on maternity leave. If not, then I agree that it is because he probably just wants to replace you rather than the position being redundant.

Can you explain a bit more about the agreement about working two days or every morning? If it is already agreed but not put in writing then you should write to him telling him what was agreed (and when) and leave it at that and see if he responds to change your hours. You could also mention the fact that you are concerned about the fact that he had mentioned you being made redundant (say when and how eg over phone) and that he had then said that he would not make you redundant as it would be highly illegal. You could then say that you are worried that this apparently random change to your hours of work - without any explanation of why they are made - may be a way of forcing you to leave without explicitly dismissing you but that you understand that such behaviour could still constitute unfair dismissal as he would may 'constructively' dismiss you.

The last point in the paragraph above just means that the law recognises that some employers make life so unbearable for employees that the employee is forced to leave and in these circumstances, the employee can claim constructive unfair dismissal.