Employment Law Question

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newmammy Posts: 115
Our office is very quiet at the moment and I reckon someone is going to be made redundant soon. There are only two of us doing the job I do. Im here twelve years and the other girl is here a year and a half. However, she has been dating the boss and owner of the company for the last ten months. She said to me last week that if someone was being made redundant that it would not necessarily be her as her boyfriend told her it was up to him who he got rid of if he had too and that the law of last in, first out was gone. Is this true? I have never had any complaints about my work and have done everything i've ever been asked to do - a lot of it not my job. Just wondering in case i'm called into the office and told i'm being made redundant. By the way there are only six working in the company. Very small office.
sugarandspice Posts: 2378
jaysus, i'd be so mad with her. she's basically saying because she's shagging the boss that she won't lose her job???? >:o( not sure though if the last in, first out thing is actually a law, or is it an unofficially policy which most places follow in the interest of fairness? sorry not much help
mkb Posts: 1744
Firstly what i would say to you is that your colleague shouldn't be disscussion company issue regarding employment of staff with your boss, whether or not she is dating him. It is not her business Literally and he should no better I would make a complaint if i were you. Secondly alot of companies apply the first in last out policy, but they are not held to that by any law. If you signed a contract with them read over it and check out what you signed out that time regarding redundancy and being let go they are bound by your contract and have to follow through on it. Also if it was a case they let you go with no sound reasoning you have a case for unfair dissmisal purely on basis that he is going out with the girl they kept on.it just spells dodgely to anyone.
Smileykaz Posts: 7296
What a horrible little b*tch! Trying to put you in your place isn't she?! I think last in first out is a way used in a lot of organisations but I'm not sure if it's a law or not. As a long term member of staff with no record of any disciplinary action I think it would be very hard to get rid of you and have someone else doing your job. It's the position that is made redundant, not the person as such? So he'd have to prove that he didn't need anybody to do the work that you were doing or that originally there was enough work for two, but now only enough for one...and to be honest in most cases the person there the longest would be kept on. It would actually cost him a LOT of money to get rid of you. Statutorily you're entitled to two weeks pay for every year you've been there, plus holiday and notice pay. So in excess of 24 weeks pay you'd be owed for 12 years and that's only the minimum. If you're in a union they could fight for more, possibley four weeks pay for every year. As B*tch Features is there less than two years he wouldn't have to pay her any redundancy at all. To be honest if you WERE let go, knowing what she said to you, I'd take a serious look at going for unfair dismissal considering your good record and longevity in the company and the fact that there IS still work there, just B*tch Features is doing it. Chin up, try not to worry until something actually happens.
newmammy Posts: 115
Thanks girls. Maybe nothing will happen but I was just wondering where I would stand legally should he say im being made redundant. If that does happen, I wont take it lying down anyway. Thanks again for all your replies
decemberbride2010 Posts: 227
Hi New Mammy Your colleague is way offside!!!! It really bothers me to hear stories like this. >:o( If there unfortunately was a redundency, then your employer must demonstrate that the process for selection was a fair one. They can't just play favourites. That is what the unfair dismissals law is there for. The last thing a small business wants is an unfair dismissals case on their hands but it seems a lot of them will try to get away with whatever they can if they don't encounter too much resistance. ( Not all but there are a few out there). My OH works in this area so could ask him if you like, otherwise I would suggest contacting NERA to better understand your rights and what you can do to protect them: Phone : 1890 80 80 90 Best of Luck! X
LeonardandPenny Posts: 2684
I totally agree with Smileykaz and I would definitely give the employment rights a call for some advice, they are very friendly and good to deal, but try not to worry too much until you know for certain something is going to happen.
manxmrs Posts: 850
I'm in the same situation - girl in our office been there 10 years or so, and dating boss (and gets away with loads). I believe she should go, as she makes so many mistakes and always reekes of booze. Our small office has 'made redundant' positions, and replaced them :eek I was told on Friday I'm to go next! I know full well I will be replaced as boss asked me to do up 'job spec' and do a handover !! I don't think there is a law on LAST IN, FIRST OUT - but I could be wrong.
LeonardandPenny Posts: 2684
[quote="manxbride2b":2jhed1gw]I'm in the same situation - girl in our office been there 10 years or so, and dating boss (and gets away with loads). I believe she should go, as she makes so many mistakes and always reekes of booze. Our small office has 'made redundant' positions, and replaced them :eek I was told on Friday I'm to go next! I know full well I will be replaced as boss asked me to do up 'job spec' and do a handover !! I don't think there is a law on LAST IN, FIRST OUT - but I could be wrong.[/quote:2jhed1gw] I wouldn't let this go if i was you, you're being made redundant and being asked to do a "job spec & hand over" i'd definitely be ringing the the employments right agency for advice if your in a union get onto them...
JDD Posts: 1316
The "last in first out" policy isn't a law, it's just a common method of choosing people for redundancy. The only obligation on an employer is to use the same reasoning behind all redundancies - i.e. if they're making more then one person redundant, they can't use "last in first out" on one and then let another person go because they're single and have no commitments and let a third go because they've hit less sales targets. Of course, their reasoning won't be obvious if they're only letting one person go at a time. I'd be quite surprised if they let you go, because then they would have to pay you 26 weeks redundancy pay, whereas the boss' girlfriend would not be entitled to any payment (since she's been there less than two years). If it comes to the push, and your boss says that he has chosen you, he is obliged to give you a reason why you were chosen over your colleague. Given that he'd have to give you six months pay, he'd want to have a watertight reason (Miss Indiscreet being his girlfriend not being a valid one), usually performance related, to let you go. And given you've not had any bad feedback about your work, he's going to have a hard time proving that one. Basically, if he let you go you'd have a cut and dried case for unfair dismissal, and you'd end up getting more in compensation. Though he might take the risk that you wouldn't take a case against him. He's stuck between a rock and a hard place actually. If he lets the girlfriend go, she'll probably break up with him, and if he lets you go he's open to paying a lot of money, which, given the circumstances, he probably can't afford. He'd be better not making either of you redundant. They only thing I'd say is to watch out for him sneaking some bad feedback on your work over the next couple of months. Keep everything documented, and if he has a verbal conversation with you, follow it up afterwards with an email stating "just to clarify our conversation...". He'll know you're well on to him and will probably drop that tactic soon enough. Good luck!