unfair selection for redunduncy

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FKhan

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i have been working for 3.5 years, last sep my employer hire a senior guy in my deptt now they are making me redundunt

i started here in this company when there were very few people, most of the people working here were employed after me

there was no pay cut & there was no one made redundunt except me, though they said there will be more but i feel discriminated that why iam the first & only one now

I have a history of good work, salary riase every year with bonuses, i feel that i have been unfairly selected for redunduncy

i am afraid if i lodge a claim i may not be able to get another job as the current employer wont give a reference due to dispute & new employer will be hesitant if he see that i am in dispute with my previous employer

any suggestions please
 
Have they given you any explaination at all ? I would approch the employer first ask why you were selected.
 
Yes

I was told the business is down, but then if the business is down there should be a pay cut and/or there should be redunduncies other than me

I was told verbally on June 30th that I am made redundunt, then I recieve a letter at my home address saying that my position is at "risk" of redunduncy

I sent an email to a solicitor, he called me & told me that I might have a case here

Anyone recommend me a good solicitor for this
 
A word of advice in case you do go ahead with a claim:

1. Before you leave, keep on good terms as much as possible with the employer to ensure you get a good written reference. This would make it harder (but not unlikely) for them to give a poor reference later to a future employer as they would be contradicting themselves. If they did give a poor reference to a future employer, it will strengthen your case against them down the line.

2. If you attend an interview for a new job, inform them that if you are successful in your application that you wish to be contacted before they contact your referees. Then you will know if you don't get the job that it was due to a bad reference. Again, this would strengthen your claim if you go ahead.

BTW you are entitled to be shown the selection criteria for redundancy and how they scored all relevant staff so you can see why you were chosen and not someone else. If they do this fairly, your case would not be very strong.
 
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I was told the business is down,
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This does not explain why you were selected.

I would definitley ask them to show you the selection criteria before you take it further. Then you can decide whether you have a case or not.
 
Jano said:
A word of advice in case you do go ahead with a claim:

1. Before you leave, keep on good terms as much as possible with the employer to ensure you get a good written reference. This would make it harder (but not unlikely) for them to give a poor reference later to a future employer as they would be contradicting themselves. If they did give a poor reference to a future employer, it will strengthen your case against them down the line.

2. If you attend an interview for a new job, inform them that if you are successful in your application that you wish to be contacted before they contact your referees. Then you will know if you don't get the job that it was due to a bad reference. Again, this would strengthen your claim if you go ahead.

BTW you are entitled to be shown the selection criteria for redundancy and how they scored all relevant staff so you can see why you were chosen and not someone else. If they do this fairly, your case would not be very strong.
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There is no problem with the references. I will have a very good reference as I am in very good terms with them. Infact one of the directors is looking for a suitable position for me within the industry. Also they did a lot of favours to me for last 3.5 years so making up case against them is my last option.

they are willing to pay redunduncy payment & due holidays. One strange thing they told me that if i leave by end of july before their notice i will be paid tax free a months pay in lieu of notice & i dont have work in aug & if i leave after their notice i have to work full aug & it will be taxed

i know i can get whole aug pay tax free & i dont have to work but still i want to be at work while i am looking for job
 
Joanne1 said:
This does not explain why you were selected.

I would definitley ask them to show you the selection criteria before you take it further. Then you can decide whether you have a case or not.
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I laredy asked them & they told me the business need 1 senior guy in my department, though he was hired only last Sep

I was also told there will be more redunduncies in near future but it was not mentioned when & how these redunduncies will occur
 
You may be on good terms now but if you do take a case against them, that will end. I still think you should ask for a written reference before you go. Be careful not to sign anything such as a waiver when you leave. That might prevent you pursuing your rights in the future, presuming you are unfairly treated.
 
Yes Jano

thats what i hv been thinking
first get a good reference, get another job then persue

but then again i think if i get another job ther is no point fighting & spoiling my terms with them

just felt discriminated as no pay cut & no one is going

even if a case is proved against them all i get is the compensation in terms of money which i lose between leaving previous job & starting a new one

ther is no other compensation in unfair dismissals
 
Jano said:
You may be on good terms now but if you do take a case against them, that will end. I still think you should ask for a written reference before you go. Be careful not to sign anything such as a waiver when you leave. That might prevent you pursuing your rights in the future, presuming you are unfairly treated.
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Jano,


You can have references added to settlement, if you take a case against company
 
FKhan said:
Yes Jano

thats what i hv been thinking
first get a good reference, get another job then persue

but then again i think if i get another job ther is no point fighting & spoiling my terms with them

just felt discriminated as no pay cut & no one is going

even if a case is proved against them all i get is the compensation in terms of money which i lose between leaving previous job & starting a new one

ther is no other compensation in unfair dismissals
Click to expand...


FKhan,

If you are Dublin based, called FLAC in Pearse St and book time with solicitor on Thursday night.


http://www.flac.ie


http://www.flac.ie/download/pdf/flac_centres_contact_details_jun09.pdf
 
FKhan,

They are Free Legal Advice Centre, all advice is free, you may leave a donation though ..
 
I went to Coolock FLAC last eve because its nearer to my work place & no appointment needed

Timings are 6:00 to 7:30 but people que from 5:30

Anyway I arrived at 6:00, they gave me a form to fill details of mine & other party and made me wait 1 hr

At 7:00 receptionist took my form she brought me to a room & told me that since I live in Co Meath this centre cant help me & this centre is only for Coolock area residents, she did same with many other people, bringing them to a room & then they leave some of them stay (they must be living in coolock, I think)

I was much ****ed off as all it needs is a simple hand written notice on door that this centre only deal with coolock residents, all other area residents please dont waste their time, rather than making people wait for 1 hr & bringing them to a room & tell them the "secret", there is no point filling the details form as well but she collected from all for statistical purposes

what I observe while I was waiting is there were 3 solicitors & they were giving no more than 5 mins to each applicant & the receptionist was announcing loudly that "no more than 5 minutes" before sending the people in to solicitors

I live in Co Meath but work in Dublin so now I have to find out which centre is looking after Meath area
 
FKhan,

Sorry to hear about your bad experience.

Use a Dublin address in the area you visit, any halldoor will do !!

Reason I named specific centre, is they are good at Industrial relations, two best are Meath St, and Ringsend.

Be concise and to the point when you are proposing your issue, most people ramble, hence solicitors giving timelines
 
FKhan...

I think the FLAC Centres for your area are in the Citizen's Information Centre, Killegland Square, Ashbourne... Tel 01-835 1806, or Citizen's Information Centre, 1 Brew's Hill, Navan... Tel 046-9074086...

The days and times are:

Ashbourne: First Thursday of the month, 7-8pm...

Navan: First and Third Wednesday of the month, 7.30-8.30pm... Navan is by appointment only, so an advance call might be a good idea...

Hope this helps...

Darth...
 
Yes Darth

I have a full list of dentres from FLAC website, Ashbourne only opens once & Navan open twice in a month & by appointments only so I thought centres which dont need appointment will be good idea as I need an advice before my employer serve me a notice

Crumdub12

How can I use a Dublin address? will this not be Illegal to use a wrong address for a legal advice, specially when they are collecting mobile contact nos for their statistical purposes, will the same mobile nr not come up for 2 addresses
 
Don,t know how it would be illegal ... would have said I was renting there ..

If you feel more comfortable, use a local branch
 
FKhan,

Contacted people who went to Meath St. / Pearse St in last two weeks, and neither were asked about address / mobile no etc ..


Just booked in, and seen.
 
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