Help... please...! Much appreciated.

Hello!

I'm just hoping for some help on an employment issue.

I've been employed by a large entertainment company for almost 13 years.

During the past year or so, I've been suffering with an ulna impact syndrome which in turn has caused major wrist problems - this falls under the Disability Discrimination Act.

I've been off work for the past 6 months following surgery and complications. 2 days before I was due to return to work, I was informed by HR that my job was at risk of redundancy.

I have since found out that only myself and one other are in the selection pool - both of us have the same title and have been informed that the department has functioned in our absence and therefore there is no need for 2 people at the current level. Please note that I and the other person at risk, manage teams comprising of 9 people all of which do similar roles. The only difference is that both of us manage the relevant teams on top of the same workload.

Now the complications begin.... the other person in the pool is on Maternity leave and therefore covered under the Maternity Regs 10. This means that the one role available (the suitable alternative) must be offered to her. This then means I am basically redundant, however the company are following a full and meaningful consultation period. We all know the outcome - I am jobless!

Throughout the consultation period it has been implied that 2 roles merge to one - it's going to happen.

I also believe the business rationale has been over exadurated.

I've asked for bumping - they returned with the comment, we have considered it, however under the circumstances it is inappropriate. I've asked why.

Also, the alternative vacancies offered are out of my reach - ie, management accountant, IT analyst, Business affairs Manager - none of which I'm qualified for.

My boss has also lied, stating figures were down £1.8M, however when asked to pinpoint it, these were way over exadurated!

There is a lot more to this. But the underlying fact is I truly believe that my disability time off has impacted on this decision - I have been put into a selection pool with 1 other on maternity leave and I don't have an equal chance as she is protected.

Legal fees are extortionate and really put me off pursuing this further, however I truly believe there is more to this redundancy than meets the eye.

I'd like any advice and options - they will be very much appreciated.

Thank you for taking the time to read this.

Amy

I was just wondering if someone would be able to advise on whether you think the seleciton pool is unfair / disability discrimination applies considering there are 9 of us doing similar roles? However, only 2 of us are in the pool - please bear in mind I have been there the longest and have the most experience.

Do you believe the selection pool is unfair?

Many thanks for your advise.

Amy

Hi Amy

It sounds like the selection pool is appropriate. Bumping has been outlawed for several years now - those bumped would have cast-iron claims of unfair dismissal if they had more than a year's service.

If there are any with less than a year's service you could always suggest to your employer that they bump you into their position. You couldn't insist on it though, but if your employer thought there was danger of a DDA / unfair dismissal claim they may see it as the lesser of two evils. Tactically, however, you will need to approach this carefully. If you make a lot of noise your employer may decide they would rather take the quite low risk of making you redundant now rather than keep on a potential "trouble-maker" in a lower position.

Good luck

Pete