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Help! I've been made redundant having had no contract for four months

8 replies

zisforzebra · 13/08/2010 15:58

I was hired in a small shop with very few staff last September as sickness cover for a woman who was on long term sick leave. The bottom of my contract had a hand written note saying that it would be terminated upon the return of the woman.

She returned just after Easter. The only comment the regional manager made was "don't worry, your job is safe".

Now four months later, I've received a letter in the post, while I'm on holiday, telling me that my employment is terminated effective immediately due to a staff reshuffle and they'll pay me four weeks notice.

I'm just coming to the end of a fortnight holiday was supposed to be doing holiday cover for my colleague next week. They've now given those hours to the saturday girl who's been there three weeks and, as she's only 15, only costs £3.20 ph.

I called ACAS and they told me that as I'd been there less than a year, I had no rights. As I understand it someone can only be made redundant if the job doesn't need doing anymore but, by me leaving, someone is going to be left working a day each week on their own (the company expects to you eat a small snack and not take a break in this circumstance as you're not allowed to shut the shop).

Can they just make me redundant like this? Everyone I've spoken too seems to think it's out of order.

Please be gentle in your responses, this is the second time in a year I've been made redundant and I'm feeling fragile! Sad

OP posts:
hairytriangle · 13/08/2010 18:13

Sorry you've lost your job :(

I think they've pretty much done things legally - given you four weeks notice with no requirement to work. As you've been there less than a year, you are getting off with more than your legal entitlement.

You've used the word 'redundant' but it appears from your post that your letter says 'employment is terminated, with four weeks pay'.

They would probably argue that this is not a redundancy (so does not need to comply with redundancy rules) and that they've been very fair in offering you four weeks pay, when they only had to give you one week's statutory notice.

Sorry :(

hairytriangle · 13/08/2010 18:14

PS: as you've been there less than a year, you would not be entitled to any redundancy pay, even if they did make you redundant, you'd just be entitled to a week's notice.

zisforzebra · 13/08/2010 22:26

Thanks Hairy. They've done the same to my colleague today because she's unable to carry on working saturdays due to childcare issues (they didn't put that in writing, she was told verbally that that was the reason). I think I'm better off out of there really. Sad

I think 'staff reshuffle' is a euphemism for 'we can't be doing with working mothers who can't work extra at the drop of a hat' since they've now 'shuffled' out everyone who has small/school aged children. In fact, I'd put money on them filling our positions with older women with grown up children.

OP posts:
Speckledeggy · 14/08/2010 10:08

Sounds like you're better off out of it if you ask me.

I am sure you will find somewhere more professional to work with an employer who 'can be bothered' to give you a contract and proper breaks.

Good luck!

Froghopper · 24/08/2010 22:37

Hello, I'm a first time poster here and have a problem I hope someone can help me with.

I am 25 weeks pregnant (first time) with twins and work part-time in a shop, 20 hours a week.

I have been treated by my boss during my pregnancy in ways that have been very unsupportive and upsetting. Consequently I feel that I deserve much better treatment and don't want to return after my paid maternity is up.

I however feel very uncertain about how to proceed as the economic climate is so difficult. My partner and I have barely enough money to pay the rent as it is and I am reluctant to take a gamble as a job is a job after all.

I have currently told my boss that I will return after 39 weeks (She actually scowled at me! This was the last straw).

Does any body know if I could still claim maternity pay and if so for how long if I said that I wasn't coming back now? I have scoured the government sites and have not been able to find the answer to this.

I would much prefer to make a clean break now than risk being pushed out in a underhand manner.

Any other ideas would be gratefully appreciated too.

Many thanks.

hairytriangle · 24/08/2010 22:48

I'm afraid I don't know, but could find out next week - hopefully someone will come on soon who can help - I didn't want to read and run!

try the DWP website - this page looks like somewhere you may find the right info - [[http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/DG_065153]

hairytriangle · 24/08/2010 22:49

woops sorry, I cocked the link up. Here it is again

www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/DG_065153

Froghopper · 24/08/2010 23:04

Whoops! I meant to post this as a separate thread. Sorry zisforzebra for hijacking your thread, I hope things work out for you and also thanks hairytriangle.

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