Need some advice - Potential Redundancy but I believe Unfair

[DickyRobbo44]

Hello and thanks for helping.

 

I will try and keep this to the point.

 

Been with my company for 4 years, nearly 5.

 

9 months ago handed in my notice for another job for substantial pay increase. Technical director offered the same pay if I stayed which was an £8000 a year raise. I accepted (regretfully now).

 

Been on furlough since March. Slowly the whole team has been brought back one by one but myself and 1 other not bought back at all, claiming we would be at the end of furlough.

 

Now received a notice of potential redundancy with a score sheet on how they came to the decision, and that's where the BS begins.

 

Ever since handing my notice in, 've felt targeted by the TD. He's constantly singled me out for things and I've always felt like there's been a target on my back. My selection criteria was based from his pov and HR. His views are just ludicrous. Its a blanket average in all the categories which are attitude and commitment, standard and quality of work, Versatility of skills/ knowledge, future potential and following company procedures.

 

A quick comment on why I believe they are unfair;

 

Attitude and commitment: His comment "Does not go the extra when needed". I'm contracted to 37.5 hours a week, I've rarely done less than 42 and never once done 37.5 hours. I have even gone in on a few Saturdays for free. I also find it typical that he finds commitment to be solely linked to how much time I've put in. I've also only had time of when my dad died, otherwise 4 years without a day off sick even when I was.

 

Standard and Quality of work;

His comment "Lots of errors, has to redo work". Again quite shocked, if I was so bad why the big payrise? I haven't had a single performance review or ever been advised my work was not up to standard.

 

Versatility of skills;

No comments. I have worked in several areas of the business including assembling products to help the shop floor. No formal training in the 4 years I've been there on anything.

 

Future Potential and following procedures;

I mean it hurts when your a 34 year old engineer, with 8 years experience told you have average potential. That for me shows a poor leadership. Also I have never had any disciplinary action, been on phone or anything to break the rules in 4 years, but again, average.

 

So that's the criteria. I have a call tomorrow where I will dispute and ask for evidence. The other colleague was scored EXACTLY the same as me and I believe the scores have been fiddled to make us come out low.

 

Advice from here onwards? This may sound wrong now, but I was miserable there and do not want my job bac. What I ideally want is grounds to argue and get a better pay-out. In these times the competition for engineering roles I've seen is 400 applicants for 1 position so if I can get more of a pay-out I will as I need to buy myself as much time as possible.

 

Thanks for taking the time to read/ help.

[Emmzzi]

What was the assessment against? Opinion, submitted CV, performance reviews...?

[DickyRobbo44]

Just opinion. I've never had a performance review and don't work directly with the TD. 

[Emmzzi]

then I would prepare a factual refutation with many examples.

[DickyRobbo44]

I can do that. I'm sure they will refute it. What should be the end goal here, reversing the decision knot likely and I don't want that) or something else? I just want it to be fair. 

[Emmzzi]

if you don't want the decision reversed, then don't make a list. secure a decent reference. that may be more important.

[DickyRobbo44]

OK I need some further advice before I go to a solicitor. 

 

Had my consultation. In the letter before the meeting it said 2 cad engineers would need to be made redundant. There are 2 of us still on furlough. In the meeting I asked the question how many people were in the pool for these 2 positions that I was being scored against and I was specifically told and reassured the whole cad team were being scored and included in the process. Having spoken to most of them, none of them are even aware of redundancies being made let alone being in the process. The director said that would happen over the next few weeks, he also said at the end of the meeting he's away for 2 weeks! They said they would come to a decision in 2 weeks. 

 

How is that fair? I'm being scored along with another engineer for 2 jobs? Sounds like a full gone conclusion already. If I am made redundant without any other team members included surely that's grounds for unfair dismissal? I didn't record the conversation but my other colleague did and he was told the same. 

 

Thanks for any help. 

[Emmzzi]

hold up. didn't you just say you wanted to be made redundant? Let's get clear in your outcome before we advise further. Do you want to go, or do you want to stay? 

 

Because if you want to go, let the sleeping dog lie.

[DickyRobbo44]

I want to go now, because of the way they've done it. I still don't think I should just accept it though if they haven't followed procedures. Are you telling me that people who have sued for unfair dismissal have all wanted to go back to their jobs? I want more compensation. I have a family and ill be given the very basic amount for redundancy on a time where job competition is massive! 

[Emmzzi]

So your desired outcome is "going, but more money"?

 

How many people are leaving in total? Has a union or reps agreed the redundancy terms?

[DickyRobbo44]

Letter said 10 going across company, 2 from cad team. Only 2 have been scored. Essentially I would have stayed but now my position is untenable I feel, how could I go back after being mistreated like this. So yes, I want more compensation because its been an unfair process. 

 

We don't have a union. 

[Emmzzi]

Legally, at this stage, If it’s unfair, the recourse is to have it made fair, not get cash.  

 

i would call ACAS and ask for guidance about fair processes. It’s a small number of people at risk  (under 20) so the process can be fast and less formal. so you won’t have reps involved most likely, which is a shame as they can really help. 

 

i think the cost of a lawyer will outweigh any potential uplift (just my opinion, I’m not a lawyer)

 

or if you have a fair number in your head - why not just ask for it? They can only say no, and you’ll have lost nothing.

 

a court may well determine you should be given your job back. I’m guessing the company is not swimming in cash so they may go along with that. Also however it can be a very long wait for your day in court.

Edited September 26, 2020 by Emmzzi