Ex employer keeps contacting me

[northchesterforest]

I was made redundant in January after 5 years in a role. They asked me to leave the same day. It wasn't personal as a lot of others in the company got the same treatment. The thing is, for the last two weeks I've been getting emails from my old boss asking where certain files are. Most of them were saved on my personal work g drive, which they are saying they can no longer access.

I must admit I wasn't great at organising my files for other people but I always knew where to access them, and honestly I was great at my job and a lot of what you would need to know was stored in my head, from working in the role for so long. I feel like they are accusing me of withholding information but do they even have a leg to stand on? Should I start ignoring them? I'm politely responding for now and trying to help them find things but I don't have access to anything anymore so there is only so much I can do?

more likely
you are told you are AT RISK
you then are allowed to go home (or asked to stay at home)
you then receive results of redundancy in a week or so/details of other roles and interview times.
you are generally not asked to work in this time. You are paid in full.
finally either made redundant (and paid redundancy/notice periods) or move to new role.

OP said she was gardening leave during this period so she wasn't immediately let go. Just asked not to attend work.

It’s the role that’s redundant surely. Not the person.

As long as you are paid in lieu of notice it’s not unfair dismissal.

That’s all very well, but you haven’t addressed the point that the OP’s former manager keeps coming back with more questions, demanding more of her time. If the OP’s supposed lack of organisation was a factor in her redundancy, wouldn’t it have been common sense to make her work her notice and spend a chunk of that time making sure everything was in order?

I’d say letting someone leave the business and then deciding you need their help with several tasks is way more disorganised than the odd bit of misfiling.

"Dear Manager,
As I am no longer an employee on your payroll, I am unable to assist you in any more enquiries moving forward.
All the best,
OP."

I had a similar thing pop up with an old employer.
I left a job at the end of July. That December I receive an email out of the blue, asking me if I know the location of a "particularly important" ring binder?

Of course I fucking don't. I've been gone 5 months.

That being said, I was fairly polite, and replied that I had a vague recollection of putting it on a trolley to deliver to my replacement the day I left, and as far as I was concerned, I'd passed it over.

I did get another email about it, which I ignored. They weren't my employer, not my bloody problem.

Time to start ignoring and/or telling ex-boss you're on holiday for next two weeks and/or telling boss this is very unprofessional and should have been covered in your "exit interview". Especially as asked to leave same day. It won't affect your references. Time to focus on your future.

Tell them to get lost they didn’t want you you are not employed by them.

there has to be a consequence for them having let you go.

I had a very similar experience 20 years ago. I was made redundant, aetrlemr agreement, payout (minimal I'd been there less than 2 years by a week).

I gave them a detailed list of things they needed to sort out before I left and that immediate gardening leave wouldn't work. Things like - appoint new Company Secretary, arrang new signatory for the bank accounts, update the (serviced) offices access (it was all in my name, including the server access!) - all really fundamental things. I was brushed off multiple times and it was implied I was making a mountain out of a molehill

I had numerous calls and was asked to visit the office during gardening leave, which I did.

As soon as gardening leave finished. I did not continue. I informed them in writing that if they needed for ther assistance and support, they'd need to hire me on a half day basis at £500 per half day. This was waaaaay above my pay.

They paid it. I got £2k for 2 days work and they suddenly started listening to what I was advising. I got another £1k as they didn't sort their shit out for the banks and couldn't access them. I had to go in and sort it out and meet with bank manager etc.

YOU DON'T OWE THEM ANYTHING

They decided your role is redundant - that means it's no longer required. Their decision

Good luck and all the best on your soon to be new employment adventure

I'm taking it you didn't read you settlement agreement, I have just signed one and there is a clause in mine about providing support to the comaony in very specific situations, due to what they are it's highly unlikely it will ever happen but they have covered it just in case. Also be careful what you say about them as it usually has a confidentiality clause too.

Well it was bad practise to keep things that way, but was it just work in progress or completed shared info? If WIP, by making you redundant, they were saying they did not need your work. If it should have been on the shared folders, then tell them you give them permission to access your home drive (do not refer to it as personal) and that IT can help.

Then do not answer their calls or messages AT ALL. They had your notice period to sort this out - not your problem. They thought they could do without you - their mistake.

I get you - my work laptop is set up the same. A personal drive (for things like payslips, PDPs, training docs etc) and then a shared drive where the team works from. Arguably if they hadn’t sent you packing the very same day they made you redundant, you’d have had time to do a proper handover and move the files to the shared drive. They also had your notice period/gardening leave to address this situation. You’re no longer on gardening leave and so no longer employed by them. A polite email stating you have given them all the information you have, the files they repeatedly asked for are on your company laptop which is no longer in your possession so it’s a matter for their IT team to retrieve. That’s their responsibility and not yours. You no longer work for them. And say you’d prefer if they didn’t contact you anymore as you need to focus on what comes next in your career.

You absolutely don’t owe them anything. If they don’t respect your email asking them to stop contacting you, I’d ignore them/block the contact.

When I left my job, IT could still access my personal drive. I do think you need to start saying "sorry, I don't work there anymore and I can't help."

Leave them to it, I would. If they had not effectively planned to capture and consolidate files, work product on the drives etc when they asked people to leave immediately that's their problem.
Don't be rude in case you need a reference OP just fade out availability.

Totally wrong I'm afraid (employment lawyer here). Being paid notice pay prevents WRONGFUL dismissal. UNFAIRness is decided on totally different criteria - and in the case of redundancy, failure to consult prior to dismissal is a fundamental flaw in a dismissal.

It’s not your problem to sort out! You left in January, their IT needs to sort it not you.

your ex boss has got some bloody nerve

They sacked you and still require your help. Email them back inc HR and company chief executive to ask them to stop

Be polite. It serves you not, to be rude.
Respond with a well constructed professional letter.

State that at XXXX date and at which time you will have not been in their employ for approx XXXX days, you will be charging a rate of 100 (double usual rate) per hour (and a two hour charge as a minimum) for your services of accessing and searching for files. State that you are available to be contacted on Tuesday and Thursdays only.

Also offer to be willing to be on a regular contracted number of hours per week at the same rate should they wish to negotiate. Thank them for the work but remind them that they sacked you and therefore contacting you is inappropriate without paying you.

Yup. This. They need to learn.

If going down that route, make sure your contract provides for the possibility you may not be able to recover the files. Otherwise you could put a day in, not be able to find them, and be waved out of the door with £0 to show for it.

(If the company had any competence they would agree to pay you only if you deliver the goods. Or rather if I were conducting the deal I would ....)