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michael holly
michael holly, Solicitor
Category: Employment Law
Satisfied Customers: 6673
Experience:  Over 20 years experience of dealing with employment law matters and qualified mediator
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My name is***** I think my case is a bit complicated.

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My name is*****
I think my case is a bit complicated. In my opinion i was wrongly and unfairly selected for redundancy.
The restaurant I work in was sold more than a year ago. Since then, with the new owners we don't have new contracts. My last contract with the previous owners is from 15 July 2013 with a job title manageress.
I had been working there for 3 years before it was sold. It means 1 year and 2 months for the new owners . I have been working approximately 40-45 hours a week as a waitress hand to hand with my colleagues. I can prove that I was working as a waitress from the first minute to the last with our rota and the log books we were filing daily with our names written with our working hours and the duties we had to do.
For example, during the lunch shifts 10:00am-17:00pm on Mondays only one person is working. That means I have to care of cleaning duties of the floor, bar, toilets, and anything else by myself. After that I have to open the restaurant and take orders, serve, clean and collect money from the costumes again all by myself.
However, I was never given the opportunity to be a manager as the daily work routine consisted of mainly manual jobs related to waitressing.
Last year the new owners (they are 6) were coming 2-3 times a week just to collect the money from the previous days.
They were constantly telling us how good of a team were we, how much they like us, how great the business was going.
On Thursday 5th of March one of them came to the restaurant with a new rota for the kitchen cutting around 35 working hours. We asked him to come to a staff meeting on the next day.
At the meeting I gave my point of view about how important for running a good restaurant is a requirement for a certain minimum of working hours. Without this minimum the job just can't be done. You cant expect good quality service without being prepared. We are people not animals and we have only 2 hands and feet and limits of course. I told him that I really believed that by this time we have proved ourselves with blood, sweat and tears, working under pressure and we would never write on the rota more working hours if they were not completely compulsory. In addition, the person working alone at lunch can never use the break he or she is entitled to and in found out that we as staff are entitled to a minimum 11 hours rest between finishing work and starting the next day (we close at 11.30 and open at 10)
He said that they need more time to think about the issue and called on the next day to tell us to proceed with the usual rota.
Suddenly on Tuesday 10th of March he was at the restaurant waiting for me with a letter for provisional selection of redundancy. I asked what my options was. He answered that I haven't any because they were cutting the manager position and the waitresses shifts. But if he wants me to be redundant for my manageress position and telling me that 40 waiting hours are no longer available, in my opinion he had to consider all of the waiting staff for this redundancy. I am working as a waitress there and also know very well that it's impossible for the remaining people to work without my shifts (there are others who've started work long after me and do not want any longer hours).
Anyway , I think the redundancy is a punishment for trying to stand for all my co-workers rights and is personal and I was wrongly and unfairly selected.
On a meeting on 13th of March I was given a redundancy consultation letter where was written: "You have indicated that you have had no additional questions or alternatives to propose, nor have we any alternative role for you at this time....I am therefore inviting you to attend a meeting on the 17th of March at 11 am, where we will confirm your redundancy in absence of any alternatives arising between now and then."
I said that I was not agree with this statement, because they only gave mi two days between the meetings and I didn't have enough time to get a legal advice and I was not familiar with the redundancy procedure.( In the meantime I was working and looking to find a house for my family of 4, because the house we live in was sold and we have to move before the end of April )The owner agreed with that and I didn't sign the letter.
Last night I send a email to the company confirming that.
I need an advice for what to do next and about my rights in this situation.
Thank you in advance!
Kind regards ,
Mariya Peeva
P.S. Sorry for my writing skills
Submitted: 2 years ago.
Category: Employment Law
Expert:  michael holly replied 2 years ago.

Dear Mariya

A person can only be made redundant if the need for they type of work that you do has ceased or become less. So it is up to the employer to show that this is the case. From what you have told me it does seem that you are being unfairly selected as there is clearly a need for staff and had they genuinely wished to remove the role of manageress they had a duty to consider whether they could offer an alternative role. As such, I think you should pursue this

My advice is for you to look in your local paper for a solicitor. Many will do a free first interview where your case can be assessed fully which is not possible with this kind of forum.

If there are further points please reply

Best wishes

Michael

michael holly, Solicitor
Category: Employment Law
Satisfied Customers: 6673
Experience: Over 20 years experience of dealing with employment law matters and qualified mediator
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