General Chat

I have a friend who has had an accident to their shoulder which means they have been signed off as deemed not fit to work. So far they have been off 2 weeks with a doctor's certificate.

They are in a very good job as a deputy manager.

Imagine being told through a letter, you have been made redundant and your job amalgamated into 3 other jobs!


I do feel very sorry for them as they really worked hard and was always doing extra work to keep things up to date.


Does anyone know if this lawful?

I have suggested they either go to CAB or get Legal Advice.
Surely your contract just can't be terminated without a discussion first or can it?

Florence
in the Hebrides

:-0

No expert but it will depend on the wording of the contract I assume.

Can't see how they can be sacked due to 2 weeks off sick, no other warnings or anything before hand?

In a union?

I'd agree they need to seek advice sooner rather than later.

If their job has been amalgamated into three others, they could well be made redundant.
..........

As far as being made redundant is concerned, you need to be selected for redundancy fairly and a fair redundancy process must be followed. You could claim unfair dismissal if your employer doesn’t consult with you about the redundancy, or if you are selected for redundancy because of your illness.
https://tinyurl.com/y8mae7ac
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Check that Scottish Law isn't any different to the above - it probably refers to English/Welsh law

There's loads on the internet eg
https://www.moneyadviceservice.org.uk
/en/articles/your-legal-rights-when-facing-redundancy

If your friend is in Scotland, try this

https://www.gov.uk/staff-redundant

That sounds a bit iffy, Florence. I hope your friend can get some helpful advice to resolve the situation. I wonder what his colleagues know about the decision or think about having their workload increased.

Lizx

Thanks for your replies. The person is actually in the south east of England.

They are going to get some advice and I will let you know the outcome.

I heard this news through a mutual friend so maybe a little while until I hear back.

I personally didn't think without prior notice it could be done especially if you have a contract!

My hours have been reduced but my employer has found me a position somewhere else for 10 hours..

Florence in the hebrides

When I young and hadn't been working long, I was sent to a fellow employees house.

He had been absent from work for six months due to injury. Unknown to me who was

the one sent to his house, the envelope containing his wages and pay slip also

contained his P45. End of service :-(

Things are totally different these days David, and you can't possibly compare employment law of fifty years ago with the present day.
I think your friend needs to go over his contract and perhaps consult an appropriate solicitor and act accordingly.

It is not legal to terminate employment without notice in the UK. Period.

If the employer has an issue with the employee which mandates instant dismissal so be it but the dismissal document must still be served.

Otherwise after 2 years of employment the emloyee must be given at least one month's notice and / or compensation. Often contracts with large employers are more generous than that.

The key issue at this time is that the Tories have withdrawn legal aid for action against unfair dismissal. Nevertheless the plaintiff can only be represented at an employment tribunal by a solicitor who will of course charge. Thus if the plaintiff is not a member of a trade union or professional body or has no employment insurance they will likely be hung out to dry. Moreover an employee will rarely be reinstated (with pay ) while an appeal is heard. Even where an appeal is successful small employers have a bad track record of ignoring court decisions.

A lot of things have changed for the worse since 2010.

So Florence all in all it does seem like most of us agree it sounds unfair but needs looking into more. It will depend on the contract they have. If they're in a union hopefully they'll contact them immediately, if not seek professional advice.

Wishing your friend good luck.

What a shame Florence and disgusting treatment to just be told by letter without having a discussion about it, and without being told why they were the one to be selected. The employer is not doing him/her self any favours going about it like this.

I would also talk to ACAS about it if I were them and may be wrong. but it does rather sound as if they are rushing this through behind their back while they aren't at work and are sick. As a deputy manager you'd think they would have been told longer than two weeks ago about a potential redundancy and that htheir own position was at risk.

I would also start to keep a notebook of what has happened and add details of every conversation and correspondence about it with the date, who he spoke to, what was said etc. especially in answer to any questions they ask their employer. This could be useful to them if things go further.

A stressful time for your friend's friend, while they are recovering from an injury. Hope things work out for them

Lizx

I also suggest speaking to ACAS, this is free, and they can be very helpful.