Facing possible unfair redundancy

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    ConfusedEmployee ConfusedEmployee is offline Junior Member
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    Default Facing possible unfair redundancy

    Good evening...

    I would like to ask for some advice having been informed that my position may be made redundant next week.

    I have been made aware that the redundancy isn't being considered due to financial constraints but because of my inability to fufill the role I had been employed for.

    This has come as a complete surprise as I have been in my current role, as a Project Manager based within the clients office, for the past 2 years and have not once been made aware that my performance within the role has come into question or been cautioned in any way, verbally or written.

    From the letter I have received, my employer has stated, due to business risk, that they have been forced by the client to recruit another Project Manager in my place and I am to be relocated to my Employers Head Office. I have known since early January that they have been looking for another employee but had only been told last Thursday, that this person is in actual fact being recruited to replace me.

    I have asked my line manager what seems to be the problem, only to be told that the client isn't happy... I have not been shown any evidence or been able to speak to our client regarding this and I have been asked by my employer not to mention anything to any of the people that I work in close contact with.

    On top of this, I have been informed that there is currently no alternative employment available apart from a role that is already filled by someone else and that I am now having to prove to my employer, why they should replace that person with me.

    I have also sourced the advert of the role that my employer is recruiting for, in doing this I have found that the role is being advertised for considerably less than what I am currently earning and states at the bottom that the key skills that they are looking for are a bonus but not essential, so could be effectively replacing me with someone less experienced.

    I would be grateful if anyone could assist me with this worrying matter and let me know if I am being treated unfairly and appreciate any advice.

    Thanks

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    Employee Advisor Employee Advisor is offline Expert Advisor
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    Hi. Thank you for your question although I am sorry to hear about what is happening to you at work.

    Redundancy is a form of dismissal from a job, and the reasons include:

    * new technology or a new system that has made your job unnecessary
    * the job that you were originally employed for no longer exists
    * there is a need to cut costs, meaning staff numbers must be reduced
    * the business is moving or closing down

    From what you have outlined, there is no genuine redundancy situation, as there is a requirement for your role and your employer is quite openly replacing you.

    It is possible to dismiss employees on the grounds of capability, however this is an area which has to be handled carefully by employers for the dismissal to be fair.

    As you are potentially to be relocated to another job, due to poor performance in the role (from what you have been told), there are other things which are important to establish so I can advise further.

    Has your employed said what would happen if you don't relocate to the Head Office? Will you have different pay, hours etc.?

    If you could come back to me with the answer and any further information about the situation, I will be able to assist you further.
    Clara Buckingham

    (Any advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).




    Businesses, for professional HR advice Message me.

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    ConfusedEmployee ConfusedEmployee is offline Junior Member
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    Thank you for your reply,

    My employer hasn't said anything to me about not moving back to head office, my pay will be the same but I will be out of pocket as my train travel will be more expensive and will take me at least an hour longer to get into work and and over an hour to get home

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    ConfusedEmployee ConfusedEmployee is offline Junior Member
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    Further to my earlier reply, I have since found out that from the last quarterly review that my employer had with the client back in November/ December last year, it was discussed that I were to be replaced with someone who has better project management skills... I have also been informed that the job description has been changed slightly.

    If this is the case, I'm puzzled to know why it has taken my employer almost 3 months to tell me that the client wasn't happy with my performance and that I'm still on the account 3 months later. Also, why has my employer/ client not spoken to me and allow the chance to improve on the skills that they expect from me?

    I am also baffled by the supposed change in the job description with more emphasis towards 'Project Management', as having looked closer at the job description that is being advertised, it mirrors the job description that I have been working to for the past 2 years.

    I will be asking a number of questions in a meeting at lunchtime on Monday about the above, but would appreciate any further advice before then.

    Thanks

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    ConfusedEmployee ConfusedEmployee is offline Junior Member
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    Unhappy Advice appreciated

    Morning

    As mentioned in my previous post, I had a meeting yesterday to discuss the criteria that I will be marked on and was told that these would be e-mailed to me after the meeting.

    Having chased before I went home last night (in which I was informed that it would be with me within 3 hrs at 1745) I have still not received it having checked again this morning!

    I just feel that everything is going against me at present and I have yet to speak out about the points I have mentioned in my previous posts as I fear that this will allow my client to back track on their decision before the inevitable should happen on Friday.

    I really would appreciate some assistance in this delicate matter and also advice on when and how an appeal should be lodged if the news isn't in my favour come the end of the week.

    Thanks


 
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