To call in sick at work

[Katypp]

I have already posted this in the Work topic but posting again for more responses.
I found out yesterday that my job is at risk of redundancy. Not wanting to go into too much detail, I am in a team of seven, all with different specialities but no-one sticks to these and everyone basically mucks in and does everything. On certain shifts this general work is required for the whole time.
I have been told that my specialist area is no longer required and the company needed to concentrate on the other things my team (including me) do already.
I am the only one in the team at risk, so I am pursuing this as unfair.
In the meantime, I am looking for advice about calling in sick from today. I was on late shift last night (after the bombshell in the morning - meetings etc done before I actually started work) and had to spend seven hours doing the work that was not my speciality area and the very work management have said they want more of, hence getting rid of me.
Am I reasonable to call in sick citing stress on that basis?

Ah semantics I guess, who knows what goes on behind the scenes. The union wasn't involved he is a banker and was given three weeks notice to wrap things up and is now on gardening leave.

This must be so stressful OP, I hope this works out for you.

Can I clarify, does everyone else in the team cover your specialist work too, alongside their own tasks? Or are you the only one doing the specialist work in addition to the more general work of the team? That’s an important distinction I’d be making to the management.

Everyone else does my specialism too. I have raised this many times and it has been documented in 1-1s. It's run as a chaotic shambles.

I really wouldn't because someone on here might recognise you.

You might feel like it and I do not blame you for that, but if you not sick then you should go in.

@IMustDoMoreExercise I have decided to go in. The fact that I have spent every day since I was told the news being given general stuff to do just reinforces my argument that my 'specialist' role is nonsense.

On this point OP,

I am inot expecting a big payout - I already have my predicted payout. I am considering trying to negotiate a bigger payout on the basis that the selection criteria is unfair.

If the predicted payout is the same as statutory redundancy then it appears you have nothing to lose looking into a bigger payout?

Do you feel there’d be any chance of re-employment there in the future?
If so, you’re going to have to go along with the process acknowledging it’s for the good of the company, you understand, these things just happen huh….

otherwise, you use your situation , that you’re a specialist in X , so you’ll only be doing that role until this at risk process is concluded and they’ll take a decision on the future of the role.
in an ideal world, your colleagues would also stick to their roles, but as I say they’ll likely be not wanting to stick their heads above the parapet.

That’s good it’s documented, I hope you are able to argue your case successfully

Not a lawyer but I've seen this used in the past as a selection reason, rather than put a whole team into the pot for redundancy.

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.

I agree. I have actually had to select people for redundancy myself in the past.
My only issue is that the selection has not been arrived at fairly. Imo you can't expect me to do general work and allocate me general work as part of my team (who are all doing each others' speciality) then say my specialist role is redundant. A role in my team yes, but not mine specifically.
Now it could be they put the team all at risk and selected me through a decision tree, but that's not what they have done

Went in as suggested on here, thanks for talking me into it. Spent three late shifts being allocated general work by managers solidly (the work they want more of, hence the decision to make me a pool of one). No- one mentioned the situation. My line manager came back yesterday from leave, and apart from asking me to do a general task, made no contact with me at all.
I am more furious as every day goes by.

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.

Bollocks...

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.

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

I am in a pool of one when one job has to go. This is the 4th round this year, so all the volunteers are long gone. Regardless of whether I keep my job or not (I don't want to after this), the selection process has been unfair

I have spoken to ACAS and an employment lawyer who have both confirmed the selection process seems to be unfair. Both have mentioned unfair dismissal, I didn't instigate this.
It looks as if I can go back to my previous employer so I have secured an income, albeit not in my chosen profession, so I have no real money concerns.
I am white with rage over this though

This sounds positive @Katypp.

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

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.

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

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.

It's the money that. It's making the point that they are acting unfairly

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.