Voluntary Redundancy now job is advertised

[zutonia]

Hello

 

I have been working for a company who were recently part of an MBO.

They announced some redundancies recently and at the time I was due to attend a disciplinary meeting as I was constantly late for one of my shifts.

I live some 38miles from my work and travel by train and bus to get in.

If on a mid shift I would arrive some 30minutes early. If on an early shift the best I could hope for would be some 5 minutes late for the start.

I would generally be the only in for some 30 minutes before others arrived. My Team Leader who I trained on a previous term of employment has been targeting me out of the rest of the team for sick leave and time-keeping.

My colleagues are not checked on for time-keeping. Previously my arrival times were accepted because of the travel and my senior manager has strongly taken a position of my driving to work. I have one car which my partner uses to do the school run and ferry our new born son around in. So using the car which can take as long and be more stressfull to me is not an option really. There is nothing in my contract that states a means of getting to/from work.

 

I have worked for the company twice previously and always have done a good job. My knowledge of their systems and business is a key asset and beyond the knowledge of my colleagues. I was previously the Team Leader.

 

I had a meeting with the HR manageress just before Christmas and was recommended I look for another Job back then and it was suggested I try to find other work within 2 months. This was because home circumstances had changed since the baby was born.

 

As a result of the impending disciplinary meeting and concern of blotting my CV I emailed my HR Manager to apply for Voluntary redundancy which was accepted.

 

I am still with them but due to leave in 3 weeks time.

My position in the company is already advertised and they have now got a number of CVs for the position with an intention to fill it the week after I leave. Is this legal or would I have a constructive dismal claim?

 

Will my taking Voluntary Redundancy affect any claim for benefits if I do not find another job in the next three weeks? They will pay me 1 months pay in Lieu of Notice which puts me up to the end of the financial year.

[Guest wino]

At your meeting with HR when you were advised to look for other work, were you told that your job was to become obsolete? Or was it because of your time keeping that they surgested you look for other work?

 

From your post it seems to me that because of problems you were having they gave you time to find another job. When you asked for voluntary redundency you effectivly quit your job. Giving them the right to find a replacement.

 

If I have misunderstood please let me know.

[zutonia]

Thanks for your quick reply Wino.

 

I requested VR due to being pushed in to a corner. I did not want to resign nor get sacked. I have done over 5 years for the company in 3 periods of employment. I returned on this occassion as they were suggesting an improved position - which never transpired.

 

The HR meeting was called because of time keeping. I had a month old son and was helping with night time feeds. This drained me and because I opted to not go on trips abroad they have looked for ways of getting me out. The company relies heavily on the team (4 people) working 1 in 4 weeks out of hours rota and doing trips abroad most of which meant doing 20hours plus in a day. You would still be expected to arrive on time the next working day. So if you got in at 2am you would be expected in for 10.30am or earlier.

 

Prior to this my time keeping was not a problem I might add as they understood the journey was not simple. As I said none of my colleagues have the same problems with being checked for Time keeping. Though I know that they are late regularly by the same time because of traffic conditions.

 

No mention of posts being made obsolete were mentioned in the HR meeting. When I applied for it I saw it only as a mutual means to leave without causing some alienation on both sides. No position was to be made obsolete in my part of the company.

 

How would this affect any benefit entitlement? And are there any grounds for CD?

[Guest wino]

Someone will be along soon (if not today then the next couple of days who knows more about company law and will be able to advise you)

I'll check back in tomorrow to see how you're getting on. Hang in there

[MilkTrayMan]

Hello zutonia!

Here are a few links for U to read through which may help U...

Dismissals and redundancies - BERR

Acas - A-Z of work

Employment

 

 

...

[Miss_Dior]

I hope you get the support you need....damn employers