Redundancy Query

Hi,

I have been advised to get in touch with regards to my impending redundancy. Last Friday I was called into a surprised meeting with 15 minutes notice. When I asked what the meeting was about and did I need representation I was told by the Deputy Town Clerk that it was about restructuring and I wouldn't need any representation. I went into the meeting with 2 Councillors and a HR advisor. I was told that my position was 'at risk' of being made redundant. I was not happy with this as the Chairman of Personnel was grinning at me all through the meeting. I have to be honest and say that his attitude wound me up and I left the meeting. I was given a weeks free holiday by the Chairman of Personnel to return to a meeting this Friday.

I got news this morning from one of my staff that they had been to a staff meeting where the new structure was announced and they were given documents which outlined my position being made redundant. I had no idea of this until told by my staff member. I phoned the Acting Town Clerk as the previous Town Clerk left on January 31st and asked why I had to find out 3rd hand from a member of staff that I was being made redundant, no apology was made for this and I was told that I would be receiving a recorded delivery letter tomorrow (Thursday) explaining the new structure.

I feel that this is personally motivated as I have, since completing my NEBOSH National General Certificate highlighted several short fallings in the Town Council's Health and Safety. It took me to raise a personal grievance to get my concerns heard as my employer and the external advisor brushed my concerns under the carpet, the advisor said we had 'a professional difference of opinion'.

I have never had an appraisal in my time at the Town Council, my probation was extended for no valid reason and my probation meeting was conducted in a shop with the then Chairman of Personnel. I have been working without the admin assistant that is part of my job description.

I have been subjected to malicious allegations from sources close to the current Chairman of Personnel, none of which were followed up when asked to justify their complaints. We were all sent a letter from the Chairman of Personnel in which he said that he was not 'looking to cut staff numbers'.

This redundancy has been pre-engineered because I have the courage of my convictions to ask the awkward questions, to strive for best practice and not to accept double standards. I have a wife and 3 year old daughter to support and will not be bullied out of my job because I have integrity.

Can anybody help me?

Thanks

Baz

I am afraid not - I cannot see anything in here that indicates that the redundancy is unfair in law. You may be correct in your speculation, but not one of these allegations can be proven, nor are they relevant. I can see no evidence of bullying in this.

The fact is that the Town Council has re-considered its staffing structure and has determined that there is no requirement for your post going forward. The employer informed you of their intentions and put you at risk before telling the other staff so it is not correct to say that you were not told that your position was being made redundant before other staff were told about the new structure. IThe employer is permitted to restructure, and they are doing so. It is a small employer, and the standards to which they are held in law are much lower - but they have not obviously made any errors in process either to date, and even if they did, it is unlikely that a tribunal would hold them to account unless there were substantial evidence of something grossly unfair in law.

My line manager was pushed out on the 31st, as he was my Line Manager what will happen with regards to a reference? How long is deemed adequate time to find suitable employment? As there are other positions being made available in the 'restructure' are they obligated to offer me one of the positions? I have been invited to a meeting to discuss the redundancy. It is due, I am lead to believe, to most of the work being outsourced. I know that you said they are doing things correctly, for once.

If you can cantact your previous manager I see no reason not to ask them if they will provide a reference as your former manager and the person most familiar with your work. This isn't uncommon and as long as you explain this to potential employers, most get it!

They are only obligated to offer you a suitable alternative post - one at about the same pay and conditions. But you can ask to be considered for other posts (lower paid) - but they could refuse if they think you are not suitable for the post. Whether this would be fair or not I couldn't guess at without it happening and knowing their explanation for their decision.

If the work is being outsourced - have you asked about TUPE obligations? That might send them running for their law books!

Thanks for the advice, Old Manager has dropped off the radar, he was pushed out the door, he had more than had enough when he left. I will ask about references at my meeting on Wednesday. TUPE obligations? Sounds intriguing, could you give a layman introduction as to whats what so I can throw it into the mix! I thought about resigning as my notice period is 3 months. What length of time should I be expecting as adequate time to find alternative employment?

Oh God - I hate TUPE. You can find plenty with google, but basically, where an employer outsources or sells or contracts part or all of a service then there are rights for employees to transfer to the new provider. With outsourcing it does not always apply. But its their problem to prove it doesn't, isn't it?

Do not resign. Every days wage in your pocket is a day more - they still have to give you contractual notice.

I have emailed my new line manager as in the letter I was sent they asked for any ideas I may have had for avoiding redundancies. I have asked if salary cuts were considered and demonstrated a way that the £15000 saving could be made by the Town Clerk shaving £7,000 off of the £42,000 salary to £37,000; Town Manager £5,000 off of the £32,000 to £27,00 and £3,000 from the Finance Manager salary to £20,000 this would equal the £15,000. I also suggested that the Town Council utilise my Tech IOSH status and allow me to mange the health and safety instead of paying £5,500 pa for 18 days of a consultant. Am I correct in suggesting these things? I was always taught that managers should lead by example and what better example than to take a salary cut in order to save jobs. I realise that I am out the door but want to make sure that they have done evertything by the book and that I get adequate time to find alternative employment.

The Town Clerk salary should read £35,000.

Good try - but you can't cut other people's salaries to save your job! It's a breach of contract or redundancy for them, and thus a potential set of unfair dismissal claims. They only salary you can offer to cut is your own.

Oh well, worth a try!!