forced into retirement

Technoprisoner

she can not be pushed or forced out of her job.....if they do, then she has every right to bring an unfair dismissal case against her employer http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/unfair_dismissal.html

Macker1

Any update.......???

Best of luck to your Mum

gumgum1

Macker1 wrote: »

Any update.......???

Best of luck to your Mum

Thanks the manager didn't really have a update for her just asked her what did she want and mammy told him that she did not want to retire that its not in her contract or her company policy book and if they continue with this she would feel that they are discriminating against her because of her age she gave them till tomorrow to get back to her

Technoprisoner

gumgum1 wrote: »

Thanks the manager didn't really have a update for her just asked her what did she want and mammy told him that she did not want to retire that its not in her contract or her company policy book and if they continue with this she would feel that they are discriminating against her because of her age she gave them till tomorrow to get back to her

they wont go ahead with it...and if they do the are very very foolish

irishgirl19

any news

gumgum1

irishgirl19 wrote: »

any news

Hi no news head office was supposed to have got back to her yesterday and they still haven't that just goes to show what kind of people she is dealing with

irishgirl19

I hope the union are really pushing for her to stay and putting pressure on HR. Thats what your Mam is paying them for

gumgum1

irishgirl19 wrote: »

I hope the union are really pushing for her to stay and putting pressure on HR. Thats what your Mam is paying them for

Her union rep told her that the retirement age was 65 and what's she making a fuss for or something in them words have not made direct contact with mammy but has always backed the company don't think she has every won anything for the shop has always sided with the company t

Mrs OBumble

Forget the local union rep then. Contact a staff member from the union office. They should be more helpful.

wmpdd3

Go above the union rep as above, the information given to your mum is wrong.

Is it Mandate? There should be a sign in the staffroom giving the regional union reps name.

This company is really making some serious HR errors.
Its not very often that a person reaches 65 in employment like retail and they may be out of practice. But thats no excuse.

OP get yourself a notebook and start taking down times dates and who you spoke to whether it be union or the company.

gumgum1

Hi my mammy finally has a meeting with the hr manager from head office on Friday to see what's happening she is still none the wiser on were she stands she turns 65 on Friday to

wmpdd3

Her union rep should be with her at this meeting, she's entitled to have someone.
Demand that the union rep is there or get them to arrange someone else.


This maybe described as a 'chat' and no need for witness' etc but at the end of the day, they want to take your mum's job so no point in regretting not fighting when the job is gone.

The HR person will probably have a notetaker/witness, so your mum would be in a better situation with someone as well.

gumgum1

wmpdd3 wrote: »

Her union rep should be with her at this meeting, she's entitled to have someone.
Demand that the union rep is there or get them to arrange someone else.


This maybe described as a 'chat' and no need for witness' etc but at the end of the day, they want to take your mum's job so no point in regretting not fighting when the job is gone.

The HR person will probably have a notetaker/witness, so your mum would be in a better situation with someone as well.

her shop steward is going in with her and a friend that is a union rep is writing her out some notes for her to say thanks for all your reply hopefully we Will have some answer on Friday

delthedriver

Having read all the Ops posts I sense the Union reps are pussyfooting around.
Get support from the Regional Rep from Union HQ.
If the above cannot sort the issue, may I suggest talking to a Solicitor , specialising in Employment Law. There are solicitors out there who dabble in a bit of everything, I stress a specialist in Employment Law.
Employers are trying every trick in the book to get rid of people, be under no illusions! During the good times HR Depts. were all nice and cosy as they fought hard to retain their staff.Since the downturn the Psychopaths have returned to HR depts. to get rid of people, preferably replace them with young , cheap and thick! It is very sad to see someone being treated unfairly, particularly when they have given considerable years to an organisation. Do not let them off the hook, ironically even the psychopaths will think more of someone who fights their corner.
Go fight them! Game on!

gumgum1

Hi the hr manager for the company finally got back to mammy they offered her 3 months which is really only notice I can't understand if she has to retire at 65 why is she able to work for another 3 months I think there just being sly and miserable they really should have paid her 3 months notice to go as it was there fault they never notified her of this policy she had asked to work for another year and review it then this time next year

tatli_lokma

3 months notice? on what grounds? if it is not in her contract that she must retire at 65 then they can't use that as grounds for serving notice. So they need to have a valid reason as to why they are, in effect, sacking her. I think your mam should consult an employment law solicitor. The initial consultation is usually free. It might end up being a case of not worth the expense, but at least she can know what her options are and decide from there.

Technoprisoner

gumgum1 wrote: »

Hi the hr manager for the company finally got back to mammy they offered her 3 months which is really only notice I can't understand if she has to retire at 65 why is she able to work for another 3 months I think there just being sly and miserable they really should have paid her 3 months notice to go as it was there fault they never notified her of this policy she had asked to work for another year and review it then this time next year

seek legal advice...this is unfair dismissal

gumgum1

Thanks for your reply I have finally got mammy to go and talk to her solicitor just to see what he has to say her app is next week hope he can help her

wmpdd3

Good, best to do this now while she's still in work. Also get here to make a note of anything that is said to her noting the time and date in the coming weeks!

delthedriver

gumgum1 wrote: »

Thanks for your reply I have finally got mammy to go and talk to her solicitor just to see what he has to say her app is next week hope he can help her

Make sure your Mam's solicitor knows his employment law or is a specialist in that field. Be sure, her Employers will bring in the Big guns if needed. The last thing she needs is a dumbass solicitor who does a little bit of everything. A dumbass could make the situation worse instead of better!:)

delthedriver

Any developments?

LuckyLloyd

I'd imagine this is quite stressful on you and your mum.

If you are certain that there is nothing in her contract or staff handbook that specifies retirement at age 65 then it would be incorrect and unfair for her to be dismissed on that basis. Things to do (if you haven't already done them):

- Take a specific notebook and write down a list of all meetings as best can be remembered, who attended and what was said;
- Keep the notebook and pen handy and don't walk into a meeting with management or union reps in future without it;
- Don't be afraid to make it obvious that notes are be taken;
- DON'T sign any further document or addition / amendment to her contract;
- Don't allow (and this is hard) the ordeal to affect your mum's attendence or work quality. She's been doing a good job a long time and it's ever more important to continue that now;
- Talk to an Employment Law specialist and get them to write a letter on your mum's behalf to the employer noting that she wishes to remain employed for the forseeable future and is not contractually or legally obliged to retire;

I hate this type of thing tbh. The Union Rep as described sounds like a cretin of the highest order. The stress and pressure of these things can be dreadful, and it is designed to prey on a lack of knowledge and confidence. But you're in the right and can get what you want (i.e. to keep working) and will have redress if they stupidly go through with this (a letter from an employment solicitor will let them know that you know that).

I really hope your mum gets to come out on the right side of this, best of luck.

gumgum1

LuckyLloyd wrote: »

I'd imagine this is quite stressful on you and your mum.

If you are certain that there is nothing in her contract or staff handbook that specifies retirement at age 65 then it would be incorrect and unfair for her to be dismissed on that basis. Things to do (if you haven't already done them):

- Take a specific notebook and write down a list of all meetings as best can be remembered, who attended and what was said;
- Keep the notebook and pen handy and don't walk into a meeting with management or union reps in future without it;
- Don't be afraid to make it obvious that notes are be taken;
- DON'T sign any further document or addition / amendment to her contract;
- Don't allow (and this is hard) the ordeal to affect your mum's attendence or work quality. She's been doing a good job a long time and it's ever more important to continue that now;
- Talk to an Employment Law specialist and get them to write a letter on your mum's behalf to the employer noting that she wishes to remain employed for the forseeable future and is not contractually or legally obliged to retire;

I hate this type of thing tbh. The Union Rep as described sounds like a cretin of the highest order. The stress and pressure of these things can be dreadful, and it is designed to prey on a lack of knowledge and confidence. But you're in the right and can get what you want (i.e. to keep working) and will have redress if they stupidly go through with this (a letter from an employment solicitor will let them know that you know that).

I really hope your mum gets to come out on the right side of this, best of luck.

hi mammy has seen or solicitor he wrote out a letter requesting two more years and she handed it into them on Tuesday so another long wait now to see what there reply to this is thanks again for all your reply Will let ye know what that reply is

coffee_cake

Requesting two more years?
She's being unfairly dismissed and that's all he's doing, asking for a bit more time like it's a favour?

delthedriver

bluewolf wrote: »

Requesting two more years?
She's being unfairly dismissed and that's all he's doing, asking for a bit more time like it's a favour?

You need a prize fighter in your corner of the ring, not someone with a pea shooter. PM me if you want contact details of an Employment Law Specialist:)

gumgum1

delthedriver wrote: »

You need a prize fighter in your corner of the ring, not someone with a pea shooter. PM me if you want contact details of an Employment Law Specialist:)

he specialized in company law he just stated that she want to for two more years and in can't see any reason why she can't wanted to keep it nice and polite for mammy sake and see how it goes

delthedriver

gumgum1 wrote: »

he specialized in company law he just stated that she want to for two more years and in can't see any reason why she can't wanted to keep it nice and polite for mammy sake and see how it goes

So long as you are happy that you have the right man for the job.
Please keep us updated on progress. I appreciate the wish to keep the matter as polite as possible, bear in mind however that what your Mammys employers were doing were neither nice nor polite.
Unfair dismissal is a nasty issue, one which your Mammy does not deserve. In the present environment a diligent, committed worker ho carries out their duties in a nice polite fashion is often the scapegoat for the HR Psycho.
I speak from experience, like you I wish that your Mammy emerges as the victor.
The HR Psycho simply wants to reduce numers and replace with young , cheap and thick. The Psycho does not give any creedence to your Mammys length of service nor her committment to her job and the organisation.
I stress the importance of having the prize fighter in your Mammys corner to deal with the HR Psycho.

wmpdd3

I wouldn't go as far as 'HR psycho', but I can say that in my experience, in large companies like you mam's: the chain of command is:

HR answers to regional HR.
Regional HR answers Director / Board of directors.

Some queries directed to the Regional HR would be passed to the legal dept for their input.

It could be that the HR hasn't passed this up the chain but they will have to when the solicitor's letter lands on their desk.

Technoprisoner

to be honest i cant see why you are settling for a 2 year extension unless of course that is what your mum wants

gumgum1

mammy would like to keep working she lives on her own and it gives her a reason to get up in the morning I would think that if they stop giving her fifteen hour a week she Will go down another route thanks again for your reply