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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Being made redundant and need advice

22 replies

PileofToss · 18/02/2020 17:28

Posting here for traffic and hoping someone here can give me some advice.

I found out yesterday that my role is being made redundant. The company have decided to stop investing in a certain area which affects my role, but it's only a very small part of my role. Around 80% of what I do is still needed.

This has only really dawned on me since being told yesterday, and from what I can see on the ACAS website, this isn't actually grounds for redundancy. I imagine what they want to do is get rid of me (most senior member of the team, so highest salary) and then hand bits of my role out to other members of the team.

The board, who made this decision, have very little understanding of what I do and I don't have a very supportive management structure.

I'm just not sure if they're allowed to do this. At the same time, I have no desire to stay. They obviously don't see value in me and it would be mad for me to continue there. But I want to find out where I stand and, if they're not acting within the law, use this to my advantage to argue a better package. Also no one else in the business is trained to do the things they still need to continue, so I imagine they're hoping I'll train people before leaving.

As it stands, I've been there just over 2 years and am being offered a month's pay. I have my first official meeting on this later in the week and want to be fully prepared.

OP posts:

CSIblonde · 18/02/2020 17:43

To be honest, I don't think there's much you can do. It's probably written in your contract that they can terminate with that notice period if they wish. When cuts are needed, redistributing bits of current roles is beyond common. I'd cut my losses & do contract work til something perm comes up. A months notice won't be enough for any solid training to others either as it'll take a good week to decide who will take on the extra work without complaint. I know it sucks tho.

Original poster

PileofToss · 18/02/2020 17:52

Being made redundant after you’ve passed 2 years isn’t as easy as just deciding they don’t want you any more. Workers have rights. I’ve been told the role is redundant when it isn’t!

ACAS website advises you can only be made redundant under the following circumstances:

change what the business does
change location
change how they work, for example use new machinery or technology
close part or all of the business

None of these are what is happening with my role, hence why I’m not sure they’re following the law on this.

OP posts:

Bluntness100 · 18/02/2020 17:59

That advice is not complete from Acas.

A business is allowed to restructure and reduce heads, and manage the work differently if they choose. That's a core principle. Are you sure Acas didn't tell uou this?

Secondly yes they need to follow a process, a consultation, look for other roles for you and then offer you redundancy if they can't.

The role is redundant if they do not wish a stand alone person doing it and rhe work can be covered by others, absorbed into their roles. The business does not need to sustain an employees cost if they can reduce heads and manage the work on less.

Busininesses are not charities, they are permitted to run their business to make a profit as they deem fit.

I think you need to speak to Acas again as either you've misunderstood or you have been given bad advice,

What they can't do, is employee someone new, or give someone your role, as it stands. Ie directly replace you

They can break the work down amongst existing employees and reduce their head count if this is how they wish to structure.

The package is normally a week for every year worked, so at a month they have doubled it. Notice needs to be taken into account too.

I'm sorry op.

TorysSuckRevokeArticle50 · 18/02/2020 18:07

You've not read the full statement on the ACAS website OP.

Check your redundancy is fair
If you're an employee, you can only be made redundant if the job you’re doing is no longer needed.
This can happen if your employer is planning to:
• change what the business does
• change location
• change how they work, for example use new machinery or technology
• close part or all of the business
You cannot be made redundant because of any work issues you’ve had. For example if your employer is not happy with your performance or you’ve made a complaint at work.

The important section is "you can only be made redundant if the job you're doing is no longer needed"

It then lists a not exhaustive list of possible reasons why this may be.

You should be informed as part of the consultation period why the role has been selected and be given the opportunity to make suggestion for how your role can be saved.

Original poster

PileofToss · 18/02/2020 18:10

Thanks everyone. What a shitty week.

OP posts:

Disquieted1 · 18/02/2020 18:10

Sorry to hear this, but I don't think this is a battle you are going to win. I've been in a very similar situation and the best thing I could do was accept it and negotiate the best terms. Because they wanted me to sign certain things, I managed to negotiate two months salary and agree that I would leave immediately (literally within twenty minutes I was gone). If you are willing to go quietly, or train others, or whatever, you may be able to negotiate something, but the best thing you can do is accept it.
Easier said than done.

Good luck.

Original poster

PileofToss · 18/02/2020 18:13

The important section is "you can only be made redundant if the job you're doing is no longer needed"

This is the part I’m questioning - it is needed. Pretty much everything I do is still needed. But PP has pointed out they’re allowed to reduce heads and move responsibilities if they wish, which is where I get fucked over.

We’re a very small team and there’s no way my job will be able to be taken on by the other people, but that’s not my issue and probably something they don’t realise. Just sucks a lot, my DH and I had just started trying to conceive and now we have to put it off for at least 2 years until I can get a maternity package elsewhere

OP posts:

Original poster

PileofToss · 18/02/2020 18:14

@Disquieted1 thank you. I have accepted it, I’ve got no problem with leaving at all - this has just given me the boot I need to leave a job that I hate. I want to be able to argue the best package and wanted to see if there was anything I could do for that. I’ll just have to hope for the best!

OP posts:

Disquieted1 · 18/02/2020 18:16

"my DH and I had just started trying to conceive "

This may change the situation considerably, especially if the company or your manager knew about it. You may need expert legal advice.

Bluntness100 · 18/02/2020 18:18

Does this link help op?

www.citizensadvice.org.uk/work/leaving-a-job/redundancy/check-if-your-redundancy-is-fair/make-sure-your-redundancy-is-genuine/

You seem to be confusing the role/job you do, with the work you do. These are two different things. The work can be absorbed by other employees, this is fine. The role cannot. It cannot be directly replaced for a period of months, it used to be six.

But they can absorb thr work elsewhere into existing employees and make rhe role redunant.

Are you the only one? I'd focus on why you were selected. And if this was fair.

Neverender · 18/02/2020 18:20

You're right, it's shitty for you, but I've been in a similar situation previously. Take their money and apply for new jobs ASAP.

Bluntness100 · 18/02/2020 18:28

It's generally 26 weeks with an employer to get maternity pay op, not two weeks.

Bluntness100 · 18/02/2020 18:29

Two years

Original poster

PileofToss · 18/02/2020 18:40

I’m talking about the enhanced maternity packages, most companies don’t offer them until you’ve been with them for 2+ years. It was the only reason I was staying at this job!

I am the only one being made redundant - as we’re a small team we all do completely different things, hence why no one is trained to do my job. One part of my job is something the business doesn’t want to do any more, hence why I’m the one being made redundant.

To be clear - this thing is something which takes up 1 meeting per month and maybe a few emails every couple of weeks - it’s not a substantial part of my role and wouldn’t make a huge difference. This is why I think it’s a bit of a weak argument for them, but it seems I’m wrong on this!

OP posts:

Kisskiss · 18/02/2020 19:42

You should speak to a lawyer anyway and see what they say. Most employment lawyers will provide a free telephone consultation to see if you have any legal recourse . This includes the big name law firms, there’s no downside to doing this, at the very least it will settle your mind. Sorry you are in this situation, I’ve been there so I know how it feels.

HeresMe · 18/02/2020 20:18

*my DH and I had just started trying to conceive "

This may change the situation considerably, especially if the company or your manager knew about it. You may need expert legal advice.*

It doesn't change any situation I could say that we are trying doesn't make it true being pregnant is a different matter.

MinnieMouseMaze · 18/02/2020 20:35

I'm sorry OP what a rubbish thing to happen

Original poster

PileofToss · 18/02/2020 21:07

Thanks everyone for all your help and advice! It is truly rubbish but worse things have happened and to be honest, I really hate this company! It’s definitely not a shame for me to be leaving

OP posts:

Neverender · 18/02/2020 21:22

All the best for the future

Mascarponeandwine · 18/02/2020 21:39

I had this at my old company. Tasks between me and another colleague were redistributed amongst newly created roles, so our roles no longer existed (good way for them to get rid of people they don’t think they need any more).

I did the bare minimum until I could get out, and make sure you take any owed holiday. I also did the bare minimum in respect of training new staff - nothing in it for me so sorry, no time for that, I need to focus on finding a new job. Redundancy £ was statutory minimum, so not like I got an enhanced package in return for training. Fuck that.

Shame the restructure didn’t work out and 18 months later they had to restructure again! While I was well settled in a much better job. It’ll be ok, but not an easy process to get through.

Ulvie · 19/02/2020 00:00

I'm wondering about the selection criteria for redundancy.

If your role is being made redundant and work given to others, are those people in roles that are similar to yours? If so then you should all have been selected for redundancy and given the chance to apply for the remaining roles.

A role is made redundant, not a person.

Ulvie · 19/02/2020 00:05

I would email them and explain that you understand the position you are in is being made redundant.

Could they explain why you in particular were selected for redundancy - was there a scoring system (attendance, performance etc).

You could take the redundancy and then claim unfair dismissal, if the redundancy isn't deemed fair by a tribunal. You would have to appeal the redundancy directly to your employer though, then go to ACAS for conciliation and then a tribunal.

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