On Sunday night, he recieved a text message asking him to go into work at 9am instead of his usual 7am start.
When he arrived, he found that his truck had been emptied of his personal belongings and was then asked into an office, whereby he was told that he was being made redundant.
He has been there for 18 months.
They did ask if he wanted representation for the meeting. (Which is a suprise for them to be that courteous.)
There is a guy there that is due to retire in March, and so his questions are:
What is he entitled to in way of payments etc…?
Should his cab have been emptied whilst he wasnt there?
Should they have not asked other drivers if they wanted voluntary redundancy or early retirement before choosing him to get the short straw?
Apparently he can appeal against the decision which he is intending to do, but just as an extra, can anyone clarify the correct procedure leading upto a redundancy being made.
if anyone had been in to empty my motor then there would be plenty bother, usually got everything in mine all that goes home on a weekend is clothes and bedding.
not too fond of someone getting in it to move if and theres only 16 of us in the company!
tashlad666:
if anyone had been in to empty my motor then there would be plenty bother, usually got everything in mine all that goes home on a weekend is clothes and bedding.
not too fond of someone getting in it to move if and theres only 16 of us in the company!
Thats his way of thinking. Not one of the 7 drivers has ever been into another motor unless told to use it.
Both his and mine got broken into at Easter this year and we lost quite a bit of stuff between us. I never bothered replacing stuff and left not long after, but he has has alsorts in there.
I have just had a read, and it looks like they have been a bit slimey as they told him they could find him a job on the factory floor. Since he took the job, he has moved from Scuntorpe to Chesterfield and as he had a fair few nights out, the mileage didnt bother him. Obviously he turned the offer down as it would have meant daily mileage either way and it wasn’t affordable. But seeing as they offered it, does it make it awkward for him?? What I dont get, is how can they offer him a job in the factory when on the same day, they made 6 others, from the factory, redundant also?
he is entitled to to redundancy if the job they offerd is not suitable or will leave him out of pocket with travelling expenses,i got made redundant this way because it was 20 quid a day in fuel where they were moving us to
Darby Flyer:
Should his cab have been emptied whilst he wasnt there?
Tbh, I dunno,
but ultimately it isnt his cab, its his bosses to do with as he pleases. so long as his posessions from that cab where not damaged, lost and returned to him there shouldnt be a problem
He was only there 18 months - they have to pay him one weeks money in lieu of notice. No. redundancy money payable as he has not been there for two years. company are probably operating last in, first out. Also if his job no longer exists the company have done nothing wrong.
After only 18 months it seems that he will get only the notice he is entitled to. The principle of “last in first out” is NOT law. An employer can choose anyone he likes so long as he can demonstrate that there was a proper procedure.
There is a guy there that is due to retire in March
There is a point here about retirement. You can work on after 65 (60 for the ladies) if your employer agrees. If he agrees to let you work on and then wants you to retire he has to give you six months warning.
I am with Knowall on this, he is not entitled to any redundancy owing to lack of service.
AS far as the guy retiring is concerned, the company may have taken that into account and may have planning on two redundancies but used this as a method of saving payments.
perhaps the guys on the shop floor may have some come back as their jobs which are decribed as redundant have been offered to him, so obviousley their jobs are still there (well at least one is), but they may not have service time in anyway.
As for emptying “HIS” cab, of course they have the right, its their vehicle.
However if anything is missing or damaged in the removal they should be responsible for it.
It might not be fair or decent, but it’s legal.
the correct proceedure is
1 consultation (meaningful, but not applicable here owing to lack of service)
2 selection (with reasons, not applicable here as they can sack him at any time owing to lack of service)
3 payment (with a breakdown of how it is calculated, again not applicable because of short service)
It is normally accepted that " last in, first out" applies, but this is not written in law and selection can be calculated by various methods.
I.E. abscence levels, accident record, tacho infringments etc etc.
The company I work for calculate redundancy selection by awarding points for accidents, misdemeanours, sickness etc and whoever gets most points gets the golden handshake, this is only after voluntary redundancies have been sought but not neccessarily granted.
It does make sense after reading what has been said, but I think he was under the impression that redundancy was payable after 1 year.
He maybe thinking of the tribunal period which is now 1 year.
As for last in, first out, he was actually next in line after me as he had been there since the Febuary as I started in the June.
Again, thanks for the help folk.
He wasnt disputing anything as such, he just wanted reassurance that things were all above board, as this company, like many others I would guess, has a serious disregard for its drivers but in-keeping with the law.
Even so, the TM did have to have plenty pointed out to him when he started,
Darby Flyer:
On Sunday night, he recieved a text message asking him to go into work at 9am instead of his usual 7am start.
When he arrived, he found that his truck had been emptied of his personal belongings and was then asked into an office, whereby he was told that he was being made redundant.
They did ask if he wanted representation for the meeting. (Which is a suprise for them to be that courteous.)
Ummmmmm As the truck didn’t belong to him I don’t see a problem, as long as nothing was damaged.
Also, What meeting? Why would he want or need representation to be told he was being laid off? Representation from who?
Something sounds wrong to me, sorry, but is this the whole story?
Why would he want or need representation to be told he was being laid off? Representation from who?
This is normal & correct practise. I’ve been thru’ it this year… even though I’m still with the co. (for now!) due to my being flexible.
If you use the word "witness"rather than representative, it makes a lot more sense.
Examples of who, would be the union rep or another trusted driver, just someone to witness what is said by both parties. Usually works in your favour.
Why would he want or need representation to be told he was being laid off? Representation from who?
This is normal & correct practise. I’ve been thru’ it this year… even though I’m still with the co. (for now!) due to my being flexible.
If you use the word "witness"rather than representative, it makes a lot more sense.
Examples of who, would be the union rep or another trusted driver, just someone to witness what is said by both parties. Usually works in your favour.
Ahhhh I see. “Witness” explained it. Representative made it sound totally different. Cheers.
the union rep or another trusted driver, just someone to witness what is said by both parties. Usually works in your favour
If you get the dreaded summons it is highly recommended that you take someone with you. Union rep is good, but a sensible mate will do. The point is, that when you are faced by a bunch of suits who are telling you that you are about to be unemployed, you do, however much you were expecting it, tend to go numb.
There are some important questions to ask about money and notice, and a supporter will prompt you to ask, and make sure that you understand what is being said. Not all employers get this stuff right. When you come out of the meeting you are likely to forget most of what was said and a witness will be able to back you up if things get changed.
I had a look at the link to redundancy rules and payments and was shocked at how little the payments actually amounted to. Which for me with 4 years at my current firm age 41+ would only amount to a months wages.
Part timer, yep you’re right.
curently dealing with this and I was amazed at the amounts of money some of the drivers were expecting. 25K—30K—35K
Just for the record. aged 59 . been at company 16 years. earned in excess of £330 per week.
maximum possible claim under current legisaltion…£7980
Obviousley some companies will offer more than this as a golden farewell.
But this is the maximum you can expect to get by law,… bear in mind my age which qualifies me for 1.5 weeks pay for years over 41 old , if you are substantially younger than me you will get quite a bit less for the same service
This could be less depending on your weekly wage if below £330 per week gross. note that overtime is not included in this, but can be added for an average of 12 weeks before redundancy, but only up to £330.(if your gaffer is a decent bloke he can pay you as much above this as he wants to . )
