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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 52146
Experience:  Qualified Employment Solicitor
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Our organisation was acquired by Capita last November and

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Hi,
Our organisation was acquired by Capita last November and they advised us it was business as usual. We are a software development company and I knew they were interested in the intersectoral assets, development and tech support staff. I am the Business Manager for our organisation and assumed that they would not be able to find me a similar role. I was never told this, but I said this to them in November 17 and they said they would give me at least 6 months. In Jan 18 I spoke directly the Finance Director and asked when my redundancy would start as I need to make plans, she advised me it would be 31st March. I received nothing in writing from them but a Capita Manager and another member of staff said they were advised by her that I was going on that date. It seems it was predetermined that I would be made redundant but nobody bothered to sit and go through the first stage process to advise me of this. A week ago I emailed to ask what my final salary would be and a meeting was arranged to visit me at the office. I was told they were behind in merging the data over due to their fault and needed me a couple of weeks longer. I said she advised me verbally that my last date was 31st so had made plans around this. She is now saying she did not say that.I recorded the conversation were I said to the Finance Director that she advised me it was 31st March and she replied yeah. I have also a recording were the HR manager agreed it was awfal and upsetting that I was hearing from members of Capita staff that they were told I was going, before they had officially confirmed this to me.My questions is, are they in breach of complying to the regulation around redundancy? If so can I take action against them and what I need to do?Many thanks *****

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Are they aware of the recording? Also, how long have you worked there for?

Customer: replied 7 months ago.
I said about it today to the finance director only as she kept lying to me saying she did not give me a leaving date.
I have been with the organisation for just over 9 years.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. Whilst I understand your argument and the position you are faced with, unfortunately a verbal indication of when you would be leaving is unlikely to give you any strong legal rights, especially in ensuring that you are allowed to leave then. Your employer must have given you formal notice of redundancy and this should have been in writing, confirming that you are actually served with notice and when your termination date would be. This never happened and all you had was a verbal indication, which will unlikely carry any legal weight. I know you said you had made plans around this, but in hindsight you should have asked for formal confirmation of the leaving date rather than taking the verbal indication as being something set in stone.

In terms of any potential breaches, the employer is pretty much in the clear...for now. They would be in breach if they actually went ahead with the redundancy and terminated your employment, without having gone through a fair redundancy procedure. They still have time to fix this and make sure it is all done above board before they actually terminate your employment, you have mot been issued with formal notice of termination yet so they still have an opportunity to ensure that a fair procedure is followed before they formally give you notice and confirm the redundancy.

You are of course free to raise a formal grievance over this and how it has been handled so far, perhaps it could prompt them to reconsider their position and meet the original date, but the main point is that you cannot legally force them to do so and it is very much in their hands.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

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