Redundancy Query

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    gordon gordon is offline Junior Member
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    Default Redundancy Query

    I was invited to a meeting with the Sales and marketing director where I was given a letter inviting me to a redundancy consultation meeting the following Thursday after the May Bank Holiday.

    The reason given for the redundancy was that the use of a cloud computer passed system had now been roled out to the field sales team for one area of the business

    In this meeting I was told that only my job role would be made redundant- However I work in a department of 3 people under a manager.

    I asked if these were also to be up for redundancy and was told no- I was also told that he had been instructed to cut the headcount in marketing and it was my role that was to go.

    All 3 members of the department were given pay rise and change in job title (form department administrators to individual role titles) a while ago however none of us received a reflective change in job description.

    Of the 3 of us I can carry out the roles of the other 2 members in their entirety however they are unable to carry out my role. another of the 3 can carry out the role of the 3rd member and their own , whilst the 3rd can only carry out their own role.

    Due to personal issues outside of Work I went ahead with a pre-planned meeting with my doctor on the day of my consultation meeting and was in due course signed away from work with Stress.

    within an hour of receiving the absence note form the Doctor before it could be delivered to my employer, HR called to ask what the outcome was. I explained I could not attend as was to be away from work for 2 weeks.

    I received a subsequent call within 10 minutes form the Sales and marketing director who said there is no point prolonging the procedure and could i attend whilst on the sick.

    I explained not as this was against the advice of my doctor.

    2 days later I receive a letter asking me to either attend a meeting at head office or could I conduct a telephone or home based meeting so they could progress the process.

    With this was a copy of the latest internal vacancies and on it a new role that had never previously existed which encompassed 50% of my current job role with a deadline the friday before my consultation meeting.

    I again respectfully declined.

    Today I received a letter form the post office sorting depot that had failed to be delivered at my home address yesterday , when I got there, my employer had called the post office after tracking none delivery and asked them to redeliver it.

    In the letter it states I have to let them know by Friday if i wish to be considered for THE role mentioned in the previous letter.

    It also goes on to say that Should I not attend the Consultation meeting that they have now dictated that they will conclude the conclusion process without my participation.


    sorry that was so long winded here are the points I want to address:

    - no job based evaluation carried out in my department - is this legal when the roles of all can be carried out by myself of should others have been completed.

    - Does the constant phone calls emails and letters constitute harassment when I stated I would deal with the consultation from the outset on my return to work.

    - If I raise a grievance against the HR Department head for harassment do I do so after or before the consultation meeting?

    I was told that I should respond to the question was i interested in any of the roles sent to me with - would this be a suitable response- alternatively what else could I respond with,

    I wish to be considered for any and all roles including my own that may be deemed wholly suitable by location, remuneration and hours and role with additional training to be provided where necessary.

    I believe that this is an attempt to remove me from the business in a sham redundancy .

    *How can a business expect to grow when they are getting rid of their business developement

    Any help will be gratefully received as I am up against the clock with this.

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    SarEl SarEl is offline Expert Advisor
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    Default

    Quote Originally Posted by gordon View Post
    sorry that was so long winded here are the points I want to address:

    - no job based evaluation carried out in my department - is this legal when the roles of all can be carried out by myself of should others have been completed. Why do you think a job evaluation should have been carried out? There is no legal requirement to ever carry out a job evaluation. I am not sure what you are getting at.

    - Does the constant phone calls emails and letters constitute harassment when I stated I would deal with the consultation from the outset on my return to work.Not an option - the employer isn't required to wait for you to return to work and it is unreasonable of you to expect an employer to halt the process because you are off sick. They have offered you other ways of participating. If you do not want to or feel you cannot, then fair enough - but then the consequences of not doing so will be that your failure to engage means decisions will lawfully be made without your input. So no - it isn't harassment on their part. It is failure to co-operate on yours.

    - If I raise a grievance against the HR Department head for harassment do I do so after or before the consultation meeting? You can raise anything you want whenever you want - it isn't harassment and they won't find in your favour. They are not asking you to do anything that isn't entirely reasonable. If an employer had to halt a redundancy process when people went off sick most of the country would be off sick most of the time.

    I was told that I should respond to the question was i interested in any of the roles sent to me with - would this be a suitable response- alternatively what else could I respond with, The employer is doing what they are required to do - they are asking you if any of the jobs would be a suitable alternative position for you. Why can you not respond with a yes or a no and a reason? Why do you want another response?

    I wish to be considered for any and all roles including my own that may be deemed wholly suitable by location, remuneration and hours and role with additional training to be provided where necessary.

    I believe that this is an attempt to remove me from the business in a sham redundancy .

    *How can a business expect to grow when they are getting rid of their business developement

    Any help will be gratefully received as I am up against the clock with this.
    Your job is being made redundant - how can you be consdiered for that job?

    I think you need to be clear - there may be some mileage in challenging the selection of this post and not consdiering widening the pool. But telling an employer what they must have in their business and how to manage their business - it isn't going to happen. So if they decide that getting rid of business development is where they want to go - that is fine. Employers decisions do not have to be logical or sustainable - they only have to be lawful.

    You cannot opt out of co-operating - well, you can, but it would be foolish to do so. Your employer is required to offer you consultation - if you refuse it then they can and will go ahead without you and sham or not, you will have no case. There will be no delay required.


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