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MoJSix workers have won their claims in the Employment Tribunal after it was found that their former employer hadn’t adhered to UK employment law when making them redundant.

Mary Wightman, Dave Austin, Stuart Finney, Kris Kubat, Andrew Rathbone and Darren Meigh lost their jobs at Downes and Williamson Limited (formerly located at Hot Lane Industrial Estate) after the joinery firm suddenly closed in July 2013 and relocated to Leigh, near Wigan. The six workers subsequently made Employment Tribunal claims for unfair dismissal, believing that the firm had failed to adequately consult with them prior to its decision to close its site near Birmingham and move to Wigan.

The Employment Tribunal took place earlier this month at Birmingham Employment Tribunal, with the six employees giving evidence. Ms Wightman, who had worked for 28 years with the company, stated that she had been called by one of the directors of the company whilst she was on holiday in Torquay and told that the firm had no money to pay her wages. She further said that the workers had all been called to a meeting five days later and told that they were to be made redundant. The directors for Downes and Williamson Limited failed to attend the Tribunal and the Employment Tribunal ruled in the six workers’ favour, holding that their dismissal had been unfair as the firm had failed to adequately consult with them prior to making them redundant. The Tribunal awarded the six workers their redundancy payments, ranging from a £7,150 payment to Mrs Wightman to a £4,785 payment to Mr Austin, plus unpaid wages and holiday pay.

Mr Austin stated after the Employment Tribunal: “In all my 38 years of working, I have never been treated like this by a company. I have been working as a joiner for 16 years since I left school and it is all I have ever known. Since we were told we didn’t have a job, we have heard nothing from the company or its directors. The whole thing has been so stressful but we don’t believe it is over until we actually get our pay-out.”

Chris Hadrill, an employment solicitor at Redmans, commented on the case: “Employers have an obligation under the Employment Rights Act 1996 to undertake redundancies in a fair manner and must consult adequately with their staff if they’re thinking about making redundancies. A failure to do so – as here – can lead to potentially expensive litigation and compensation awards.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

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Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

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Excellent service. It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient. Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently. My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could. I would definitely recommend them.

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I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

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Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

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Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

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Awesome services. Professionals at their best .

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Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

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My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

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I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

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Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

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