Thread regarding Open Text Corp. layoffs

Thanks for sharing.

That’s an interesting and very similar case - basically the list of redundancies was pre-defined, and no consultancy phase actually happened.

Based on that, looks like anyone in the UK would have a decent shout at fighting this.

In the UK this has happened before, though MF, not OT: https://www.gov.uk/employment-tribunal-decisions/mr-j-mildenhall-v-micro-focus-ltd-1402125-slash-2022

@b5+1jspee5ca

From ACAS Code of Practice 4 Settlement Agreements

"As a general rule, a minimum period of 10 calendar days should be allowed to consider the proposed formal written terms of a settlement agreement and to receive independent advice, unless the parties agree otherwise."

https://www.acas.org.uk/acas-code-of-practice-settlement-agreements/html

For the UK, does anyone have a sense of how long they will give each employee to accept/reject the settlement agreement?

You can google the ACAS site and gov.uk to understand the process companies must follow when they’re making people redundant. You can also check the legal minimum for redundancy pay (it’s based on age and years of service)

Most companies will offer a settlement agreement whereby they pay you above the legal minimum in exchange for you signing away your right to sue them at an employment tribunal. This allows them to short circuit the redundancy process.

However, by law, your agreement not to sue is not enforceable unless you had qualified legal advice before you agreed. In other words, you must have a solicitor review the agreement and explain what it means. Often companies will pay all or part of the cost of a solicitor as it’s in their interest to have the agreement hold.

If you do think the redundancy process hasn’t been followed correctly, then you or your solicitor can raise that with the company. At the end of the day, it’s a negotiation. Also, remember it’s not just about salary. You can also negotiate regarding bonus, options, pension contributions, and notice periods.

Keep in minds, you’ll need to be able to prove the process was a shame and be specific about what hasn’t been done correctly.

Keep notes with dates and times on every conversation you have. Ask questions in writing about the process and make sure the answers follow the law. Don’t be afraid to call out when the process isn’t being followed. If a company is told they aren’t following the law and don’t correct, that will likely look worse for them.

Same in every company

The same is done for the US for legal purposes. When roles are eliminated, the employees selected have to be vetted against similar employees and there is a summary about why the WFR employees are selected instead of others - can be things like performance, less experience, now it may include AI competency, location, etc.

You will note that ALL leaders who are "let go" always hire an attorney to negotiate their severance, sometimes a two or three year process whereby there is deposition and certainly access to this documentation. In the US, the company must be very cognizant of legal claims, especially around discrimination for any employee in a protected class (like age, race, etc), whether the claim is legitimate or not.

Anyone 40 or older who is WFR absolutely should consult with an attorney. It can take time to settle and you will not get a severance immediately, but it is a given win for the employee.