To call in sick at work

Honestly op. You are dead right to fight for best settlement you can get your hands on.
It's seems fairly clear that they do want you gone for some reason.
Hopefully they will up their offer a bit and you can sail off into the sunset with a better settlement.
I'm not sure it would be worth pursing a unfair dismissal case in these circumstances. They're hard to win and in the event that it is ruled that they didn't follow due process. They would simply start the process again and still make you redundant at the end
Not worth the agro I would think especially as you have a job to go to.

Sorry to hear that OP. The voluntary redundancy is likely to be a better financial package than compulsory so you are probably best off taking it. Make sure there are no gagging clauses though. You should be able to talk about your experience even if legal action is off the table.

I presume that your previous employer is still going to welcome you back?

Really sorry to hear that OP

I would counter argue the selection process is already unfair as they have only identified me to be at risk when I am part of a team all doing the same thing. I understand what you are saying that they have not actually made me redundant yet but as the only one identified as at risk, that puts me at the front of the queue and is fundamentally unfair.

But not in law it isn't. The point of consultation is for both sides to listen to what the other has to say. You have decided it is unfair (and I agree here is possibly good cause for that) but you have not heard why they think this; and they haven't heard why you think it is unfair, so they have had no opportunity to consider alternatives. "Unfair" and "unfair in law" are very different things.

My old employer will take me back at any point so I will let the process run its course before going back, although securing new employment does not mean there is no unfair dismissal, it just means any compensation will be lower as there are no income worries.

You have a job offer. If they find out - and that could even include if the question came up at a tribunal - then yes, it actually can mean that you cannot claim unfair dismissal because you are "setting them up" when you have no intention of staying anyway because you have another job.

I don't disagree with anything you are saying, simply urging that you cool down and don't make decisions based purely on anger. Being selected for being at risk and being made redundant, or even remaining as the only one made redundant might be unfair but the law is far more complicated than that, and stacked with the employer. As both a manager and a trade unionist I can tell you with absolute certainty that you currently have NO case, despite what you may have been told, because a case is determined on the end facts, not the beginning facts. I can also tell you with certainty that any employer worth a spit can still spin this as entirely fair in law - because I could based solely on what you have already told us, and a bit of the "inspired thinking" that employers use to justify decisions that aren't justifiable.

As I said, personally I'd accept the other job and then be ill for the rest of my notice period because that is the line of least resistance, providing your former employer is "in the bag". Or they might just pay you something to go quietly if you hang on and argue. But do remember that employment tribunals are lengthy coming around, time consuming, stressful, and risky, and so you will be using up your free time for a long time to come still living with this anger; and that isn't healthy. But in the end it is your decision obviously - just be realistic that it will come at a cost to you, and even if you win, you may not feel any better about it.

You need to control the anger and think clearly. They are not acting unfairly. Yet. They have identifed your post as being at risk. They must enter a consultation period and you must engage with that. As part of that consultation period you must put your case as to why they can look at other options. At the end of which they may agree with you. Or they may decide that they can be cleverer about it and still get rid of you - ensuring the fair criteria for selction fit the people you want rid of is really easy. @PawnsRooksKnight is correct - awards are much lower than most people think, and given you have already obtained other employment it would be even lower - and that is assuming you have a case anyway, because, as I have already said, if you already have other employment then you cannot claim unfair dismissal / unfair selection because you have obtained other employment before you are selected.

And tribuals are not a walk in the park - the process is lengthy, they will drag on and they get very stressful.

Your anger can easily lead you astray. What if they do the unexpected - don't select you or even worse, offer you your job back. You can refuse to continue to work for them. but that will certainly have an adverse impact on any claim, and you might get stuck working for people that you don't want to work for. Who may be biding their time anyway.

At only just over two years employment, your claim isn't worth much, you may not win (what you think is a great argument isn't the same thing as winning - and despite what ACAS or a lawyer might tell you, it's surprising how many great cases lose!), and operating fuelled by anger is the fastest way to make errors of judgement. Because, and I promise you this, even if you win or get a settlement to avoid a tribunal (assuming you even get that far) they won't learn a thing from it - except to be more careful the next time. If they are acting unfairly, they don't care and won't ever.

Did the legal advice you got cover how much compensation you might look for? When my employer did a really unfair redundancy, I got advice but was SO surprised at the low compensation-under £5k kind of thing.

Channel your anger into cool, hard, analytic mode. Get the best outcome for you.

I did suggest that may be the case back at the beginning. That said, you probably now have no case for unfair dismissal because it appears that you have secured other employment before the redundancy process is completed. In any case, with only two years in the position, and having secured other employment, the stress of a claim is probably now not worth it.

If that is the case and your previous employer will take you back regardless, I might almost reverse my previous advice, and as soon as that employment is secured I would probably hand in my notice and promptly go off sick for the notice period.

This sounds positive @Katypp.

I imagine this is very isolating with regards to your workmates.

Hi,

I do not suppose you are at Union or something?

I would look for some advice (employment solicitor or citizen advice). Redundancy is one thing and unfair dismissal is another. The solicitor would be able to advice and also fight your corner in terms of redundancy money etc.

I think I would run a diary of what you do and very specific of what it entails. Save reports or work to have as a proof. I would also request a second meeting to explain your views.

I get where you are coming from, regardless of the outcome I think I would have a battle with the employer so that he needs to have grounds for redundancy. If you do the same work and the rationale for making you redundant is bit of a grey area there maybe a room for a tribunal.
But I also would start looking for another job to see what is one the market.

I know it is hard. I feel for you and hope everything goes well

If you've only just been notified that you are at risk then you are at the very start of the consultation process.

It's a phenomenal leap to claims of unfair process or unfair dismissal.

By all means you should carefully document the process and it's possible that could happen but you are a long way from it.

Bollocks...

Understand why you are furious. Think you made the right decision though to go in and I hope you are successful and not made redundant.

None of these things are you actually being sick though - that's the issue.
Choose not to go in, sure - but you're not sick.