April 20, 2011 7:52am CST
http://www.mylot.com/w/discussions/2517536.aspx Remember the above discussion I made about my Mum being potted from her job? Please feel free to click the above to jog your memory. Well, there have been developments over this and I would like some input to see if we have a case to answer. I was advised to go on the ACAS website by my cousin (through Mum) and I found something very interesting. Now, Mum had to have 6 months notice before the Council could get rid of her in October but this sentence struck me like a "Eureka!" moment. It goes like this.. Employers will not be able to issue notifications of retirement using the DRA (Default Retirement age) after 5 April 2011. When did Mum receive her letter? At least a WEEK after this date. I am quite sure it was dated 12 April and she received it last Thursday, the 13th. What happened was - because the Council are cowards they made sure she received the letter WHILST SHE WAS ON HER EASTER BREAK as they obviously didn't want a confrontation. This, I feel, may work in Mum's favour as their cowardly actions have done them no favours whatsoever! I have sent the ACAS page on to Mum in the post. She will take it to the Unison Rep as she only has another week or so to appeal the decision. Fingers crossed she scr*ws them for every penny for Unfair Dismissal!
2 people like this
22 Apr 11
i find this very interesting as a friend of a friend of ours has lost hid job under the very same circumstances. my husband who was a union rep in his working life said they had no right to get rid of him on the grounds of him being near retiring age. and of course with me although i have recently changed jobs (but still work with the same company) we have been told that all jobs in our department are to be centralised and this means we will not be needed. the funny thing is the job i transferred from isnt beng done by anybody, but i was told at the time i had to transfer. when i pointed this out to the managing director it was also a eureka moment as i could see they werent even aware of the situation. Having said all that, i am past my sell by date, i am nearly 63 and could have retired at 60 but chose not to as husband no longer works and i am the breadwinner at the moment. so at these same meetings it was hinted that i could get a good retirement package as i didnt wish to go on to the shop floor. sounds like a little bit of arm twisting to me.i dont want to go on for ever, but there are bills to pay and we worked it out if i retire at 65 all the loans,cards will be paid off. i hope your mum gets on ok and will definitely keep fingers and toes crossed for her
• Carlisle, England
23 Apr 11
Aww thanks. My FIL was made redundant about 10 years ago (he's doing something else now until he stops when he's 65 in November) and the reason he took redundancy money was the company taking his company over had their own management. My FIL was a manager of a few guys and was told that if he wasn't made redundant he would have to go back "on the tools" as it's called. He refused as it had taken him a few years to work his way up into management and he walked away with a 20 grand settlement less 4 grand for his company car, which he still owns! Result!
• Garden Grove, California
22 Apr 11
Hi Janey thats good to know and as an Elderly woman who was also forced to retire simply because I was almost 80 but was doing my job better than younger people, I am hoping your mom can get every penny she can from them for Unfair Dismissal.I am sure in her corner as I hope all other older mylot women are.In my case Library headquarters was all for older women in the work force as long as they were mentally and physically able to do their work well.But unfortunately when I fractured my shoulder the resulting surgery results put me out of the running.But I was thrilled that the people in headquarters welcomed older women to the work force. If I had been a sloppy,lazy worker I would have expected to be let go as thats the phrase my manager used. odd how people who feel bad about what they are doing will phrase you are fired into sugar coated euphemisms like let go, or laid off. they are cowards who do not have the guts to just say you are fired.
• Carlisle, England
22 Apr 11
In Mum's case it's the word "rejected" in the letter that annoys her the most. It's like all those years have been washed away by a few sentences typed by someone she doesn't even know. Not nice at all. I would say Mum has the energy of someone half her age, she amazes me. Obviously, she does get tired but she's so alert and "on the case" at work she's brilliant, really. She's also fair with the ladies who work for her, especially regarding working out their wages and passing it onto the office, who process the information. She told me that if they got anyone else in, the girls' wages will go down and that's a fact. I reckon Mum has a good case (regarding the timing of the letter, according to Unison) so I will keep you all informed as to how it all progresses.