Unfair selection process - redundancy

[mrsred]

Hi all,

 

My employer has carried a review and as a result have found my role to be redundant. A number of people are impacted but have been put into "pools" for the same role - but because my job doesnt exist i have been told i will be leaving the company. I have challenged this and asked what alternatives there are to redundancy and i have been told i will be supported in finding another role within the company but i have had no support whatsoever.

 

The day after i received my announcement the company advertised a number of new roles (non pooled jobs) - 2 of which were of the same grade as me but because they had different titles and were a different role i was told i had to apply like everyone else. I was the only candidate at the closing date, the job was taken down and i was offered an interview... "done deal" or so i thought. I have since found out that they have re-advertised the role internally and externally - i am beyond livid and confused. I feel so embarrassed - they clearly dont want me!

 

I have an excellent track record with fantastic reviews - my management are backing are me 100% (all of whom are also being made redundant so the fact they care enough to put in a good word for me speaks volumes i think) but the process and the new management are letting me down. The new job requires an element of travel which i have expressed concern about - i havent refused to travel - i have said i can do a reasonable amount of travelling but they have asked me to spend 3 months away from home. I have a young child at home and returned from Mat Leave in January - during the time i was away obviously a number of "rising stars" came on the scene and it feels like my place has been filled.

 

I simply feel like they are making my position impossible and i just dont know what to do. I have my redundancy hearing next week - i really dont want to appeal because what if i do keep my job and end up working for people who hate me and dont want me? Or who insist on me travelling, that means i would then need to leave and would potentially lose out on my severance pay!

 

Any advice??

[mrsred]

can anyone offer any advice on what my next move should be? please?

[honeybee13]

Hello there. You will probably receive other advice here, but have you looked at the ACAS website at all? It's worth a read and you can also ring their helpline.

 

My best, HB

[mrsred]

Hi there thanks i have looked at ACAS - everything i have read has suggested that the job should have been offered to me given that it was the same grade. I feel that my company are not following the correct process here but i just dont know what to do about that - im really confused, if i appeal and am offered the job i will basically be forcing their hand and it wont be a good place to be. Just wondered if anyone had been in a similar situation or if anyone could offer any advice on what my next move should be

 

thanks

[papasmurf1cx]

Sounds like sex Discrimination to me, from the way you describe it ie coming back from maternity leave and what with a young baby to look after. Even if it is not Direct Discrimination then it may well be Indirect Discrimination http://www.legislation.gov.uk/ukpga/2010/15/contents

 

Without delay, I would put in a Formal Grievance alleging Sex Discrimination and unfair selection criteria for redundancy. Even if it is not discrimination the fact you raise the grievance and allege discrimination and then they put you to a detriment eg continue to make you redundant, it could then be Victimisation.

 

I hope you have legal protection insurance for employment disputes (look in your home contents policy they are normally there) because you may need it. If you don't perhaps buy one before you put in the grievance. You couls also complain to your union if you have one.

 

Failing all that you may need to go to the ET... so you have to ask yourself if you have the tenacity to do that. It can be stressful.

[mrsred]

Hi there thank you i was considering going down the grievance route. Great point about my home insurance i hadnt considered that - thank you!

I do feel as if the way they have behaved has made me feel so uncomfortable that i dont even know if i could consider to continue working there even if i won an appeal!

[papasmurf1cx]

If you raise the grievance then the only logical way forward if you lose and lose the appeal is to then go to a Tribunal. If you have access to legal insurance all the better, inform your insurer now that there may be a problem and ask for their advice and that you are considering the grievance procedure at present. DO NOT RESIGN make THEM do the dirty work NEVER do their job for them, unless you don't want to make waves and meekly go.

 

Tribunal proceedings can be very stressful be warned. They are not for everyone.

[mrsred]

Thanks so much for replying

 

Your right - i don't know that a tribunal is for me - but i want them to be held accountable for their actions and i want to make sure they treat me fairly which at the moment they are not. The only reason i can think of (for them not wanting to keep me) is the possibility that i might have another baby in the near future and they would be giving me the job over someone else who will be with them for a long time.

 

I will not resign - i am being made redundant so will have a severance pay, but what i wanted to do was raise a grievance to say i am unhappy with the process and that the process they have followed is completely inconsistent to what they set out in their redundancy / redeployment policy. What about the injustice of this? Should i just take my severance pay and put this down to a really bad experience? Is taking them to a tribunal the only way someone will be held accountable for the way they have treated me? What about compensation for the position they have left me in (losing out on the security of my job, having to look for other work with less benefits and probably less pay) would i only be offered compensation if i went to a tribunal?

 

Thanks!!

[papasmurf1cx]

All that is true. Sounds to me that you are just the right type of person to go to the Tribunal ie one that feels they are being treated unfairly and want justice. Go for it. Read up on the Equality Act. If it is known in the company you want more babies then the unfairness may be obvious in a Discriminatory sense. Raise the grievance but you MUST put in about the Discrimination issues. You won't win the grievances or the appeal but if you have a solicitor the discrimination issues will win the day.

 

Getting the redundancy payment, taking them to Tribunal and searching for a new job and getting one are not incompatible. Any reduction of wages between old one and new one may be part of the compensation process, although I doubt you would get it for a lifetimes loss, but a few years maybe.

 

CAGgers will be here supporting you through it.

[mrsred]

Thank you!!! I will get in touch with home insurance and let you know how the hearing goes next week!

 

Thank you CAG!!

[Scouse Paul]

Got a couple of questions for you.

 

1. How many workers were affected by the restructuring

2. Was there a consultation period over the reduancies and if so how long was it.

[mrsred]

Got a couple of questions for you.

 

1. How many workers were affected by the restructuring

2. Was there a consultation period over the reduancies and if so how long was it.

 

HI there,

 

30 people were impacted by the restructure. Only myself and 1 other person have been told our role no longer exists and we will be leaving the company unless we can find a new job within the company. After the announcements we entered a 30 day consultation during which new roles were advertised and i applied. the new role is in a different area of the business but is the same grade as my current role and 90% of the job i do already (the other 10% i can easily be re-trained within the required timescales). The re-deployment policy clearly states that "at risk" staff will be given preference over non at risk staff but there were no other candidates for this job - so why was the job not offered to me? It seems to me that they want someone with no ties who can travel at the drop of hat - i have not refused to travel i have said i am willing to compromise but that i would need to discuss this in detail with them so that we can reach an agreement that suits both them and my family. That discussion never took place, they re-advertised the role.

 

I have completely lost faith in the company and this process and that does not sit well with me at all.

[honeybee13]

Hello there. Could I ask please, what outcome would you ideally like from all this? It might help us to advise you.

 

My best, HB

[mrsred]

When this first kicked off panic set in and i just didnt want to be out a job - so my initial reaction was to fight for this new job (raise an appeal, grievance etc) but now i am angry and frustrated and no longer respect or trust this company - i just want out.

I have my redundancy hearing next week and i plan to withdraw my application for the new job, i still would like to press on with a grievance because the way in which this has been handled is completely contradictory to the redundancy policy. What i dont know (i need to check with ACAS i guess) is what happens to the redundancy process if i raise a grievance? Will it be postponed? Could i lose my redundancy etc... i need to get some quiet time without my child at my feet to ring them and i havent found the time yet.

[honeybee13]

Thank you for that, it's a useful insight. I think it's worth a word with ACAS when you can, hope you get one of their good people, and I expect the guys will be along with comments for you.

 

My best, HB