Was I tricked into losing my job?

Sally26

Hello everyone,

I would appreciate opinions on the following:

I worked for a very small company - only two employees and my boss. Each of us had worked there for a number of years with my colleague starting a few months before me. We have similar jobs and salaries, although I was senior to him having been promoted last year. We were both 'temporarily laid off' in June and told to claim the dole. This was to be reviewed in July. When the July review came, I was told that that there was only 3 days work a month for me, but that my colleague could come back full time. As it was not financially viable for me to survive on 3 days work a month, I gave my employer an RP9 form. This form gives my employer 7 days to give me my old job back, or make me redundant. The 7 days passed without a response from my employer, and so, I am now in a redundancy situation. I am currently waiting for my employer to send me out the redundancy forms/payment etc.

Two things have since happened which are now making me question my situation:

1. I have learned that the day before the lay off was reviewed, my employer had a meeting with my colleague and told him he would be offering him his job back at his previous hours/salary. He told him that he didn't see this as a possibility for me.

2. My colleague has since handed in his notice and my employer is now advertising this job as a full time, permanent position. I was not offered or seemingly considered for the position. While my colleague and I had different responsibilities, I could easily do his job. And while I was clearly senior to him in the company, I was paid only marginally more - probably about two days a month more.

Now I don't know what to think. I know that when my colleague and my employer had the secret meeting, my colleague indicated that he may leave his job to go back to college. Now, I'm thinking that my employer saw this as an opportunity to have both of us gone, but only have to pay one redundancy. Because I used the RP9 form, I also lost my notice period.

Is what my employer did legal? Should I just accept my fate, or is there anything I can do? I don't want to go back there after all this, but it seems very unfair. Also, if I have a case, I am worried that if I pursue something, I will end up with neither a job, nor a redundancy payment.

Any advice appreciated....;)

Sally

Mr. Loverman

It sounds very dodgy indeed. You should probably talk to a solicitor.

I want to say this though: it sounds like they simply don't want to employ you any more. Personally I would not want to work for a company who doesn't want me, regardless of what is fair or unfair.

Sally26

Mr. Loverman wrote: »

It sounds very dodgy indeed. You should probably talk to a solicitor.

I want to say this though: it sounds like they simply don't want to employ you any more. Personally I would not want to work for a company who doesn't want me, regardless of what is fair or unfair.

You're absolutely right. I definitely don't want to work there again. I'm conflicted to be honest. I don't want to let them away with it, but I don't want a protracted legal row either.

Mr. Loverman

The workplace can be very unfair. Try not to let it eat away at you. Your life will be better if you can forget about it and move on. Easier said than done of course!

handlemaster

Sally26 wrote: »

Hello everyone,

I would appreciate opinions on the following:

I worked for a very small company - only two employees and my boss. Each of us had worked there for a number of years with my colleague starting a few months before me. We have similar jobs and salaries, although I was senior to him having been promoted last year. We were both 'temporarily laid off' in June and told to claim the dole. This was to be reviewed in July. When the July review came, I was told that that there was only 3 days work a month for me, but that my colleague could come back full time. As it was not financially viable for me to survive on 3 days work a month, I gave my employer an RP9 form. This form gives my employer 7 days to give me my old job back, or make me redundant. The 7 days passed without a response from my employer, and so, I am now in a redundancy situation. I am currently waiting for my employer to send me out the redundancy forms/payment etc.

Two things have since happened which are now making me question my situation:

1. I have learned that the day before the lay off was reviewed, my employer had a meeting with my colleague and told him he would be offering him his job back at his previous hours/salary. He told him that he didn't see this as a possibility for me.

2. My colleague has since handed in his notice and my employer is now advertising this job as a full time, permanent position. I was not offered or seemingly considered for the position. While my colleague and I had different responsibilities, I could easily do his job. And while I was clearly senior to him in the company, I was paid only marginally more - probably about two days a month more.

Now I don't know what to think. I know that when my colleague and my employer had the secret meeting, my colleague indicated that he may leave his job to go back to college. Now, I'm thinking that my employer saw this as an opportunity to have both of us gone, but only have to pay one redundancy. Because I used the RP9 form, I also lost my notice period.

Is what my employer did legal? Should I just accept my fate, or is there anything I can do? I don't want to go back there after all this, but it seems very unfair. Also, if I have a case, I am worried that if I pursue something, I will end up with neither a job, nor a redundancy payment.

Any advice appreciated....;)

Sally

Sally it seems as if you were given an option of work and didn't take it. It is not the employers fault that the work level wasn't there anymore. As you also point out your collegue was doing different work. The employer in my opinion would be entitled to offer want ever he/she wants. You just said it wasn't enought and forced their hand by wanting redundancy.

The employer doesn't sound as if he/she is very understanding but that is secondary to the Law. Best to get a solicitors opinion first consultation is usually free. Once this you speak to a solicitor you can move on one way or the other.

MacSpatchka

I used to have another boards account but don't want to this post to be seen by some friends so I set up a new account hence this is my first post.

I am in a very similar position to yourself. Working in a small company with one other and the boss. The other employee is more senior to me and he gets most of the work despite also being on short time. After being put on 3 days per fortnight four years ago, I was temporarily laid off without notice for four weeks then received three days work after which I was again left without any contact or work this time for almost seven weeks. I requested a meeting with my boss at a time and location to suit him but he said to come in the following week for a few days work. I again asked him to meet me to discuss the ongoing situation but he ignored my message as was often the case in the past. I sent him the RP9 form on the 12th of June and text him the following day to let him know that he would be receiving it and to explain that I could not go on any longer with the uncertainty and that I needed to move on and try to find full time employment either elsewhere in the country or abroad. Ha has not made any reply to my text or the RP9 form since. Today is the 22nd, 10 days since I sent him the RP9 form which was received in his office on the 13th. The job was great when I started first in 2004. We were busy, but the boss was always a bit odd and talked to us and treated us like we were second class citizens but as time went on and the recession hit this became more and more apparent. He had us doing work that was not in our contract to do. We could be cleaning windows, clearing out units he owns, delivering this and that, delivering flyers for his wifes business, graphic designing for his wifes business etc etc. (We are engineers and architects) We also had no working toilet in the building, so we had to go next door to a business he owned to use the facilities there. The IT equipment was maintained by ourselves and was years past its best but we got abuse if we didn't produce the work fast enough, plus the software on those PC's was probably dodgy stuff. Anyway, that's beside the point. The place was driving me into the ground. I am glad I sent him the RP9 form but I'm worried it might all backfire on me and I will have to move abroad before I find another job. I have been applying locally for all types of work for four years and not even got an interview.

I would be interested to know how you got on with your situation and if anyone has any pointers as to what I should do next. I dont know if I should try to contact him or just go ahead and send him Form 77? Should I seek advice from my solicitor or just go ahead and make a claim to the authorities. My employer is known for being stubborn and fighting things to the bitter end.

I would also be interested to hear what social welfare might think of me claiming redundancy?

Fair Player

Speak to someone in Equality. I sought advice on a matter and they were great. They know employment law inside out. It's free advice too! Good luck!