Employment rights......?

Question

I was first employed by my company as a receptionist, and have since been promoted to accounts assistant, in April. There is a small acounts team of 8 people. Since moving over I have recieved most of my training from a friend of mine, who is also employed as accounts assistant and has been here for 2 years next week.

After a few weeks of me being here, this girl started to recieve emails from the boss complaining about the accounts departments performance as a whole, but the email was only sent to her, and HR was copied in. She felt like she was being victimised at the time.

Now she has recieved a letter warning her that she is at risk of redundancy and that she will be contacted by HR soon.

If they make her redundant before she has been here 2 years will she lose redundancy pay?

Also can they justify making her redundant when they have taken on me, we have the same job title and do similar things only she has much more experience and knowledge than me. It appears that it is a personal judgement against her.

Answer 1

I'm not sure about the law - I'm not an expert and I dont know where abouts in the world you are based.  Are you a member of a union?  If so you need to speak to them.  If not, try contacting your local government office - I'm sure you will find someone there who can point you in the right direction for some good advice.

I tink there are two issues here.

Firstly, you say that your friend feels that she is being victimised.  Is their a reason as to why she should be receiving the emails when everyone else does not?  Is she a manager?  Are the emails about her work?  If there is no valid reason then I suggest she should save copies of the emails and get some legal advice.  Harrassment and victimisation at work are not acceptable - neither is bullying.

Secondly, this business of redundancy.  If a job becomes reduntant then it ceases to exist.  As you are being trained to do the job I think she would have a strong case against the employers.  I'm not entirely sure as I'm not a legal expert.  Again, she needs to check this with the experts.  Check the local area for free information on employment rights - local government offices may be able to help.

Answer 2

It all depends on what country you live in, and what the local employment laws are - and what was stated in the contract she sighed.

Answer 3

In todays society there are no employment rights anymore. You know they are going to get rid of her, before they have to pay her anything. Now you know why people go postal.  

Answer 4

Contact ACAS they can help you with all your working questions, don't know the number but its www.acas.co.uk

Answer 5

A lot of this depends on you local employment laws.  For example, in California unless she was under a contract or a CBA she would be out of luck.

Answer 6

The company is anticipating difficult times and has trawled the names of employees that have been with them for less than the 2 years so that in the event of redundancy they can save a lot of money. As for you as far as redundancy is concerned you have no chance of a payout. Maybe you were taken on in that dept so that you could take on the extra work when they get rid of her. If she was made redundant then they cannot replace her job for at least 6 months. As you are now in the department they have covered themselves. There is no honesty in business where employees are concerned. If you or she is dismissed, not made redundant then you may be able to catch them for wrongful dismsal. I suggest that you and she quietly seeks out some alternative employment and leave them if you can.

Answer 7

Your friend should go to a tribunal and let them sort it out. If the company cannot prove she was negligent in her work then she may recieve compensation. Q: do you or your friend belong to a trade union? If so, your union rep; will be able to act on your friends behalf. If not, then go to the tribunal. She may have a good case considering that it has taken them almost two years to decide that she is not doing her job correctly.

I hope this helps.

Answer 8

it sounds like the company is downsizing, and as your collegue (manybe?) gets paid more than you, then after she's trained you up, she's off...

that's life i'm afraid