Hi
The story is very long, but I will try to describe my situation quickly. I would be grateful for any help.
After 10 years in the NHS, the trust I worked for started to offer voluntary redundancies, and I applied for it.
Few months later, I was told that I couldnt have redundancy because my job was needed, and they couldnt manage without me basically.
I decided to leave 3-4 months after this, as they were restructoring everything, and basically my job would have changed significantly, I wasnt too happy with this. This was also the reason I applied for voluntary redundancy as I knew this was in the pipeline.
Anyway... 2 months after leaving (this week) I spoke to an ex-colleague who informed me that they have decided not to replace me! as they dont need the position.
Surely this cant be right, after refusing my redundancy request on the basis that I am required, now they have suddenly decided that they dont need someone in the position.
Its not the money that I am interested in, its the principal. In my opinion they knew that they would make it crap for me so that I would leave anyway, so why pay me redundancy.
Do you reckon there is anything I can do about this? or is it too late?
Any help would be great.
Thank you
Law around redundancy and constructive dismissal. NHS Trust
- 02-03-11, 10:41 PM #1WakeMan
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Law around redundancy and constructive dismissal. NHS Trust
- 03-03-11, 08:19 AM #2
It isn't too late - but there is no case to be too late for. They did not "force you to resign" - you resigned of your own free will because your job would have changed and you didn't want to be part of that change. Subsequently they decided that they did not need to replace the job. Your opinion matters for nothing in law - you need evidence that the employer acted in so significantly bad a way that after completing a full greivance process you were left with no choice but to resign. Refusing voluntary redundancy is not such a cause, and neither is decising not to replace you after you left.
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