Concerned about meeting with HR consultant

Phirefly

Free Member
Feb 11, 2008
86
5
Leicestershire
In brief, my Partner (in life, not business!) Mr. P took a job 18 months ago with a small business who operate with a husband and wife director team and 3 other employees. Mr. P is the sales and design manager, second in command to the directors and pretty much runs the daily customer-facing affairs of the business. Dispite tough trading times, the company has been making a sizeable profit. The majority of this is attributable to Mr. P's efforts; orders are up, clients are happy and things are going well.

Increasingly though, the Directors are struggling to pay their key suppliers and told Mr. P this month that they would be unable to pay his commission due (which is based on a profit-share calculation), and he and his colleagues had to wait several days after his pay day to be paid their basic salary.

Because of these issues and several other related concerns, Mr. P felt the best course of action was to write a clear, amicable letter to the directors detailing the problems as he sees them and suggestions for how they might be resolved to the mutual benefit of all parties, and invite them to all sit down and try and work it out. That was sent on Sunday. He has as yet not had any form of response.

Yesterday, Mr P did not go in the office as he was out on the road at sales meetings and found he couldn't make any calls on his company mobile. Unusually, he had no calls or messages whatsoever from the office. His colleague whom shares his concerns and is aware that the letter was sent and is usually in regular contact with him did not take any of his calls all evening and has not returned his messages.

Today, he has arrived at work as usual and in his words 'everyone's acting like everything's normal', his colleague with whom he's usually thick as thieves seemed uncomfortable explaining she hadn't replied to his messages as it was a bit late (this is the woman who usually texts him at all hours about her latest grievance).

He has asked his director if they could have a meeting, and was told "Not yet I'm waiting for an HR consultant".

He's at work now trying to hold it together, and we're wondering what on earth they're going to do, what his rights are and how best to handle the situation. Any ideas??
 

Kernowman

Free Member
Aug 23, 2010
939
293
Cornwall
Does not sound to me like "the company has been making a sizeable profit", in fact the opposite is the perception that I am getting.

When a company has apparent trouble paying their staff and their suppliers, it is not a good sign at all.

Not much we can do or say here to be honest, until events unfold some more.
 
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bovine

Free Member
Aug 23, 2007
1,272
311
err, hang on. This morning he didnt know he was being made redundant and now a couple of hours later he has?

Unless the business has gone bust, that cant happen. There has to be a consultation period. They may not have followed proper procedure.

Seriously, post some more detailed info about what has happened and im sure someone here will be able to help.
 
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Phirefly

Free Member
Feb 11, 2008
86
5
Leicestershire
Seems so. He was given no indication whatsoever that this was going to happen. The only point when he knew it was serious was when he was made aware this HR consultant was coming in.

He's not home yet so I'm not sure of the reasons he's been given.

As far as I'm aware the business hasn't gone bust. There is no issue regarding Mr. P's performance or conduct whatsoever. I can only assume they are claiming they are not making enough money to pay him. Which he knows isn't true as he is privvy to the accounts. Its a mess...
 
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Kernowman

Free Member
Aug 23, 2010
939
293
Cornwall
If the company has less than 20 employees then they are not obliged to provide a consultation period as I understand it.

Even so, they MUST give a valid reason for the redundancy, not just hire a "hatchet man" to come in to do their dirty work for them.

More useful info here:

http://www.cipd.co.uk/subjects/emplaw/redundancy/redundancy.htm
 
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It is not a good sign when basic payments are not being met and whether its feckless money management or something else any business not making enough has to consider all options. However it is reasonable for employers to discuss with their employees a variety of alternatives to redundancy, this also acts as a protective measure for them in looking at employment law remedies open to the employee.

Your partner needs to take advice from an employment lawyer. As well as payment offered on insurance policies ie home and in some cases car, you can also get advice from a variety of no win no fee solicitors on this topic.
 
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