I am currently "at risk" of redundancy and my consultation period ends in a few days. I am 99% certain that I will be made redundant. Is there any advice you can give me that will help me negotiate the best redundancy package please?
To give you some background, I have been on long term sick leave with depression for the past 3 years (since 2007) following sex discrimination/bullying at work. I tried to return to work after 1 year's absence (in 2008) but was unable to return to my original role as the person who discriminated against/bullied me was still employed within that team. As a result, I was placed in a more junior role in a different team within the same dept (I wasn't consulted about any of this). The attempted return failed - realistically, I think I wasn't fully ready to return and being placed in a different role in a business area I knew nothing about - with no support - compounded this.
Last year (2009), the remainder (some had already left - including the bully) of my original team were made redundant as part of staff cuts across the organisation. Although I was included in the consultation, I was told I wasn't at risk.
In Nov 2009, my GP and the Occupational Health doctor both signed me off as being fit to return to work. I have been trying to get back to work since then but my employer basically ignored my request - and claimed they never received any letters from OH etc. It has been been since my PHI insurer said I am fit to work and they will no longer cover my claim that my employer has started taking my request to return seriously.
I have always suspected that my employer will "try and get me out" as there is still so much stigma associated with depression and I knew by making an allegation of sex discrimination that my days would be numbered. I work within investment banking at a fairly senior level where these things aren't considered acceptable (even if publicly the banks tell a different story). Hence I was surprised when I wasn't made redundant in 2009.
So, I shouldn't be surprised that I have been told I am at risk because my original role and team no longer exist. The junior role I had my failed attempt to return to work with does exist but my entire dept has been brtoken up and split across different areas so I assume they can argue that it is not the same role.
I had an "informal" meeting to discuss a possible alternative role (that has been open since Feb apparently). This role would have been ideal as it is almost identical to my old role - and on paper, I am very qualified to do it. This was 2 weeks ago and I have had no feedback either way...when I've questioned HR, they have fobbed me off with "we need to look at logistics" and "its a very competitive role". In a nutshell, I am pretty certain that they are trying to either fill the role with someone else or make the role disappear so they don't have to offer it to me.
I now have a end of consultation meeting on Fri with HR and I'm pretty certain they are going to give me notice of redundancy.
I have no idea what their policy is on redundancy payments. I only have 4 complete of service. I've already taken preliminary legal advice using the legal cover on my contents insurance and they have said that I potentially have a case for disability discrimination, as well as unfair dismissal (if the job is still available...it was available on Mon but I'm sure they will ensure it is gone by Fri) and illegal reduction of earnings. Do you think its possible I can use any of this to negotiate a better redundancy settlement? If yes, how would you suggest I approach this?
Many thanks in advance for your advice
How to negotiate best redundancy pay-off?
- 12-05-10, 10:40 AM #1bibbju
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How to negotiate best redundancy pay-off?
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