Sacked or redundant.

E

evanne

Registered User
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46
Folks,
Recently a friend of mine was told by hisr boss that the company was changing direction and there would be some 'changes' coming on board. They both agreed that this was neccesary in order to give the company a more competitive edge.
this week however my friend has been told that because his side of the business is no longer profitable they are shutting it down.
he was given a months notice and told to clear his desk. Company have agreed to pay him a months notice and give him a reference.
he has been with this company for 3 years, and hasn't had a performance issues..problems..etc.. Should he seek redundancy and/or unfair dismissal? There was no previous warning that this happen...no notice..nothing.
thanks
 
evanne said:
Folks,
Recently a friend of mine was told by hisr boss that the company was changing direction and there would be some 'changes' coming on board. They both agreed that this was neccesary in order to give the company a more competitive edge.
this week however my friend has been told that because his side of the business is no longer profitable they are shutting it down.
he was given a months notice and told to clear his desk. Company have agreed to pay him a months notice and give him a reference.
he has been with this company for 3 years, and hasn't had a performance issues..problems..etc.. Should he seek redundancy and/or unfair dismissal? There was no previous warning that this happen...no notice..nothing.
thanks
Click to expand...

thats a clear cut case , he should be made redundant and get some money (don't have the figures to hand).... they can't just sack you because they want to "change direction"...
 
The DETE site above has a redundancy calculator for calculating statutory redundancy entitlements. also has some information about redundancy entitlements. Seems fairly clear cut to me that the person should be offered redundancy and at least the statutory benefits (not a fortune though!) attaching. If this does not happen then it may be possible that this could be unfair or constructive dismissal.
 
It is a clear cut case where redundancy should be paid. Out of fairness to the person involved and for the moral of the remaining staff (not to mention common decency) an amount well above the statutory level should be paid.
 
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