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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Risk of redundancy / unfair dismissal?!

16 replies

bettybear21 · 11/02/2023 14:06

So I have been at my job for 7 and a half years, my colleague has been there for just over 3 and one of us is at risk of redundancy because they basically want to take someone new on to do our role but just give them a new title so one of us it at risk of redundancy. I have seen this coming because I feel like since I've been back from maternity leave (5 months) that they are pushing more work on me but making my job more difficult and I feel like I'm being pushed out so I feel like it's going to be me. My work hasn't been done as quick as before because they've given me new stuff to do which I'm learning and my boss said it's understand because I was off for 10 months and have come back to a lot of change but I know they don't want me there anymore. I'm currently a female in an all male team as my work colleague who I had always worked with retired when I was on mat leave. My other colleague is a kiss arse and my boss thinks the sun shines out of his arse, but he sits there and has chats with his friends on the phone.. he doesn't take calls as he should, had a disciplinary (due to being rude to other temp colleagues) and takes steroids at his desk. I have been advised by my retired colleague to speak with someone hire up but I don't know where I stand with this?! AIBU here as I love my job and where I work but I know they they are looking for reasons to get rid of me as I've come back a different person since having a baby (I speak up now and stand up for myself)

OP posts:
catgirl1976 · 11/02/2023 14:15

If the new job is exactly the same as yours it’s not a redundancy.

If it’s a different job they can put you at risk of redundancy but they need create a fair pool based and a fair selection process for who is selected for redundancy

How long ago did you have your baby as this may be relevant

catgirl1976 · 11/02/2023 14:15

Also the fact your colleague has a disciplinary (assuming it’s live)would normally count against him in the selection scoring

bettybear21 · 11/02/2023 14:21

@catgirl1976 so basically it will be pretty much exactly the same as one of us that goes, because which ever one of us goes that work will need replacing.. I had my baby in December 21

OP posts:
bettybear21 · 11/02/2023 14:23

@catgirl1976 sorry I didn't mean replacing, I mean the new person would be doing it because someone has to do our work because the work done between the two of us cannot be allocated to one person it's just too much

OP posts:
Figmentof · 11/02/2023 14:23

They cannot just give somebody else your job and call it redundancy, are you sure that it will be the same job though and not a redesigned role?

Assuming the new role is a proper new role, then they have to follow a fair process in determining which of the two of you will be kept on in the single remaining role. I would ask them about the criteria they are using to assess you both. At the moment there is nothing to suggest that they will be unfair, other than your gut feeling, but hopefully they will be transaparent.

unfortunateevents · 11/02/2023 14:29

Have you seen the jd for the new role? I don't really understand why there are currently two people (with too much work between them?) and their solution is to create another role covering the same work and make one of the two of you redundant. Isn't that just going to leave them in exactly the same position?

I also don't understand why you think the other person is the boss's favourite yet has had a disciplinary? Was your boss not involved in that?

bettybear21 · 11/02/2023 14:33

I have seen the criteria, and it's by the way my boss has been treating me that suggests it's me.. when my colleague was given a disciplinary it's because the person who complained went to HR because my boss does nothing when someone complains about this colleague.. my boss even heard my colleague speaking awfully to someone (where the disciplinary came from) and did nothing..

OP posts:
90yomakeuproom · 11/02/2023 14:37

How do you know about the redundancies? Have they said?

bettybear21 · 11/02/2023 14:39

@90yomakeuproom we were told on Thursday in a meeting then sent some letters to say we are at risk

OP posts:
catgirl1976 · 11/02/2023 14:45

You need to look at the JD for the new role. If it’s the same job as yours that’s not a redundancy situation. If it is the same then raise this with them and go to HR your union if you are member or ACAS (although ACAS are a bit useless tbh but still)

ChateauMargaux · 11/02/2023 14:45

If there is a redundancy, the company is obliged to go through a consultancy process. You have a right to know the details of the restructure including the new positions and if both of your positions are being redefined and amalgamated into one, then this should be made clear. You are entitled to speak to HR about this.

Read this and also consult ACAS.
www.acas.org.uk/redundancy

Regarding your current role and the changes that have been made to it - review your job description, look at the tasks that have been added and ask for a review to consider whether this additional tasks are reasonable, whether you have been given adequate training to complete them and whether they have been fairly distributed.

Whether these changes were brought in during your absence or while you were at work, is irrelevant, you would still need to be trained in them and given the opportunity to learn them, as would any existing or new employee.

Raise this with your boss and ask for a meeting with HR and advise them that you feel you are being discriminated against due to having taken maternity leave and that this falls under potential discrimination.

Make sure that your reviews are up to date, that all objectives are clear and that you have evidence to show that you are doing your job, meeting objectives and ask colleagues for 360 degree feedback.

Prepare evidence for your case that you should be the one to retain your job while also reminding your boss and HR that they cannot simply make you redundant because they want to create a new position to do the same job and to bring someone else in to do it.

If there are any female colleagues in other departments, seek out a more senior mentor, even if it's not in a related area and make this s formal part of your career development, or at a minimum, an informal situation where this person can support you and bring visibility to the process being applied in your department.

FanSpamTastic · 11/02/2023 15:16

If there is a new role being created and one of you is at risk - then the staff at risk should also be considered for any suitable vacancies. If this role is the same work then surely you should be considered?

bettybear21 · 11/02/2023 15:24

@FanSpamTastic I bought this up with my boss and he just said 'because you both never came forward and implied you'd want to do that role' to which I replied was 'it's still customer service, just without the title 'customer service specialist'

OP posts:
FanSpamTastic · 11/02/2023 16:20

I think you should talk to someone - you can try ACAS or you could talk to an employment law specialist.

Your employer cannot just push you out - this does not sound like a genuine redundancy. But the question is how much do you want to fight it? Would you rather take a pay off that allows you some time to look for another job?

ChateauMargaux · 11/02/2023 20:31

Your boss is wrong. It should have been made clear that there are two new positions available and that you would apply for them. Speak to ACAS so that you understand what the process should be and then speak to HR, pointing out where the company has failed to follow the process.

whatthebejesus · 11/02/2023 20:50

If you're in a pool then you will be given a selection criteria to understand how it's scored. The score will need to be ratified by another person so find out who that is. Generally things like absence, disciplinary, capability and performance are assessed with length of service only for tie break situation.

You want to know the business case and ask questions about what the alternative roles are if any and also what will be happening to the role which is going.

Feel free to pm me if you need any help with questions.

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