Omega Owners Forum
Chat Area => General Discussion Area => Topic started by: waspy on 21 April 2008, 21:47:29
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Laid twenty off today at work, which came as a shock, because there was no mention of it at all.
I've been there some years so i take the money & run if they offer.
Legally can they just tell you there & then or should they give you some warning :question
Is it also true that at the age of fourty one you receive one & a half weeks for every year :question
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i got a days notice when i was young doing engineering, was gutted. and shocked too, didnt get a penny was only there a yr and a half
funny thing theres no engineering companies left on that estate now, was full of them yrs ago
richie
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Laid twenty off today at work, which came as a shock, because there was no mention of it at all.
I've been there some years so i take the money & run if they offer.
Legally can they just tell you there & then or should they give you some warning :question
Is it also true that at the age of fourty one you receive one & a half weeks for every year :question
Since 1st March 1996 employers have been under a statutory duty to consult appropriate representatives of employees about impending redundancies if at least 20 employees are being dismissed at one establishment within a 90 day period (TULRCA 1992, s.188(1) as amended by Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995, SI 1995/2587.
From 1st November 1999 onwards if there is a recognised trade union the consultation must be with trade union representatives (Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999, SI 1999/1925). Previously, until 31st October 1999, the law and definition of appropriate representatives was such that an employer could choose whether to consult trade union representatives or other employee representatives.
These rules implement the EC Collective Redundancies Directive 98/59/EC in Britain.
Failure to consult as required can lead to a Tribunal making a protective award.
Whether or not there is a statutory duty on an employer to engage in collective consultation about impending redundancies in any particular case it is always essential that employers consult with and give advance warning to individual(s) who may be made redundant (see ACAS Handbook No 12 on "Redundancy Handling" and notes at ACAS/addresses, tel & fax nos for availability). Failure to do so will make it likely that a Tribunal would decide that any resulting dismissal(s) was unfair even though it was genuinely caused by redundancy ( for example see Alstom Traction Ltd v Birkenhead & ors EAT case 1131/00 on 10th October 2002 and Oakley v Merseyside Magistrates Court Committee 2003 EAT on 3rd February 2003 and see also notes at UNFAIR DISMISSAL/redundancy and unfair dismissal/redundancy dismissal being unfair dismissal ).
1/2 a week's pay for each year worked between 18th and 22nd birthday;
1 week's pay for each year worked between 22nd and 41st birthday;
1 1/2 week's pay for each year worked after 41st birthday.
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Laid twenty off today at work, which came as a shock, because there was no mention of it at all.
I've been there some years so i take the money & run if they offer.
Legally can they just tell you there & then or should they give you some warning :question
If there is 20-99 people being made redundent in a 90 day period at one establishment then they must by law enter a period of cosultation for at least 30 days.
Also, you are entitled to a minimum period of notice. For every year you have worked for your employer, you should get one week's notice, up to a maximum of 12 weeks and if they make or let you leave before this period you should still be paid for the full notice period!
Is it also true that at the age of fourty one you receive one & a half weeks for every year :question
Correct but, beware, the minimum terms (they can offer better!) are rubbish.
On the minimum terms you can only count up to 20 years' service and your weekly pay is capped at about £250!.
Fortunately upto £30K is tax free and teh rest can be popped into pension plans if your clever with tax benefits to.
Also, you might be entitled to jack all if you are not on a permanent contract or been there less than 2 years!
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^ what he said. In short consultationary period.
We had a 90 day consultation period only last year. Not nice.
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We don't have a trade union :'(
Thank you for all the replies, i'll see what comes of the future :-/
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We don't have a trade union :'(
Thank you for all the replies, i'll see what comes of the future :-/
Unionised or not the law still applies.
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Limit for statutory weeks pay £330 as of 1st February this year.
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We don't have a trade union :'(
Thank you for all the replies, i'll see what comes of the future :-/
They dont do any good anyway under these circumstances......so I wouldn't worry. The key thing is that the consultation has to including nominated staff representatives and unions if they are present in the work place.....no unions and you just get one (or more) less representatives.
Its called a consultation period for a reason....coz its consultation and not negotiation.
Key thing is that to make somebody redundent then the job must no longer exist in its current form or its considered dismissal.
And how do I know.....we have made all 330 on our site redundent including me.....we can however apply for one of 115 positions in Coventry if we so wish.
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statutory redundancy pay calculator (http://www.emplaw.co.uk/topinfo/calculator/redcal200611.htm)