Advice Needed Regarding Redundancy

[guitarist27]

Hi guys, happy new year to you all!

 

I hope someone could give some advice/their point of view on a situation that has arisen with a previous employer and staff member of my previous employer. Around July last year I started working for a new employer, following on with a career path in IT repair which I had worked in for three years previous. I successfully passed my probationary period of three months and subsequently was given a full-time contract. After reading through the contract, it became apparent that my job title was incorrect or was not for the position I applied for. So I had a word with my manager and explained the situation, only to be told that it was a generic contract, that all employees were given the same role and that because my duties were the same regardless, it didn't matter. I explained to my manager that the reason I had taken the position was for career progression and from a potential new employers perspective, my official job title would have made a significant impact in any potential new positions that I apply for in the future. I made it clear that I was in no way implying I was looking for work elsewhere, but that should I apply for a new position in future, I would either have to lie on a job application/CV to get any chance of getting an interview or use their proposed job title and risk not getting any second look for interview stage. My manager then proceeded to tell me that "I can change it for you, but what you will have to realise is that should business take a turn for the worse in the future, we would look at making ~surplus~ staff members redundant first." I was adamant with him yet polite, and said that I would appreciate him for having this amended and reissued so I could sign and return to him. An hour later, my new contract was emailed through to me with the correct job title showing. Nothing more was mentioned regarding redundancies and the business seemed to be doing reasonably well and was busy as always.

 

Two-three weeks later as I was leaving work, the sales rep they had working for them asks me to wait for two minutes as the manager in question needed to speak to me but was on the phone. A couple of minutes later my manager walks into the canteen where I was waiting and hands me a letter of redundancy explaining that they had thought about any way around this decision but could not find an alternative. I collected my belongings and left not saying a word. After getting home and reading through the letter, they had stated that I was only getting paid up until the day I had worked (i.e. no notice payment in lieu) and also that I would have a couple of days holiday pay taken from my final wage (which was accountable for.) I contacted my manager and also the HR secretary to ask them to confirm the details of the letter and explaining why I wasn't receiving and notice pay. Within a few hours the HR secretary contacted me back apologising for the mistake and confirming that I would receive one week's pay in lieu of notice and also they would waiver the two days holiday pay they were going to deduct. I have quickly found another position, and am now one month before the end of my probationary period.

 

A couple of days ago I was out shopping at B&Q. I had just parked and was locking my car when I spotted my ex-manager in the car park a few vehicles away from me. So I approached him to ask him how he was and wish him a happy new year, only for him to square up to me two inches from my face asking if I had a problem with him or wanted to say something to him. A little taken aback, I said I had no idea what he was talking about. He then continued ranting on about a joke meme I had shared on Facebook mid-November regarding vegans. I asked him if he was serious, and before walking away to meet his missus and child, points to me and says "you better watch what you say you." I have since sent him a polite message on Facebook, saying that I didn't appreciate being spoke to or threatened in the way that he did, that I have contacted the store who say they possibly have CCTV of the incident should I wish to report him to the Police and apologising if the post I shared offended him. I have had no reply from him, no apology and he has now blocked me on Facebook.

 

I'd just like to hear other people's spin on this. In this situation would you take action and report him to the Police and/or his employer? Would it also raise question as to the validity of the reasoning behind my redundancy with the company? Any ideas/suggestions would be greatly appreciated. Thanks

[Emmzzi]

I get very fed up of people suggesting vegans should eat bacon. Was it in that line, by any chance? Because, it's really not a joke.

[Sidewinder]

Might be connected, but might not be - how would you prove this? It would need more than a Facebook post and an exchange of views in a car park

 

IMO the Police will not be interested, with or without CCTV, and approaching the ex-employer is just going to stir up more 'Oh yes he did, Oh no he didn't' nonsense with no real resolution

 

My instinct would be to move on and put it all behind you. Sounds like there might have been a case for a lack of consultation over your redundancy, but chances are they would have dismissed in any case, either for genuine reasons of trumped up ones. Would you seriously want to go back anyway?

 

Be careful with Facebook too - as you have found out a joke to one person can well be an insult to another and you most certainly wouldn't want to antagonise any new colleagues. Personally I steer well clear of having colleagues as 'friends' for all sorts of reasons!

[steampowered]

You were spoken to in an aggressive manner but you weren't physically assaulted. It doesn't sound like any crime has been committed and so I don't think there is any merit in reporting this.

 

You only become eligible for a redundancy payment or for unfair dismissal protection once you have two years' service. If you had less than 2 years service, the employer was entitled to dismiss you by giving notice anyway, and so it does not matter what reasons they had. The only exception would be something like race or disability discrimination.