Redundancy vs dismissal, advice please

[Bishophogp]

A very close friend of mine has been told today she's being made redundant. She says that they're claiming her written English is poor (English is her 2nd language but she's been here for almost 2 decades and both her spoken and written English have not stopped her from excelling in jobs previously), but also that they're looking for someone more qualified/specialised in special educational needs. Am I right in thinking that the fact they're criticising her performance makes this a dismissal rather redundancy? And as such there are processes that need to be followed which include giving warning(s), providing extra training as necessary, and giving her a chance to improve? None of which has been done.

The job is a learning support role at a specialist college which offers education up to Masters level, and she's been in the job for 3-4 years. There has been a change in management recently. The college attracts predominantly (like 70-80%) international students from China who come to the UK with poor IELTS scores. So although my friend was initially training in specialist education needs, her role is more managing these students who struggle due to their very limited grasp of the English language. There is also a sizable and increasing proportion of students who present to her with severe mental health needs that are not being met elsewhere. Despite this, she managed pretty well and has an incredible rapport with students who respect her and appreciate what she does for them.

I am waiting to hear back from her regarding a few things (if she's a member of a TU, if theybe put her redundancy in writing etc). But in the meantime I'd be very grateful for any advice or guidance from anyone with experience in this area.

Thanks in advance.

You could but does she want to continue to work somewhere she is not wanted. Is the package proposed more than statutory?

I doubt they'll offer her more than statutory.

My friend does not want to remain there. I think she just wants to try and highlight their lies/how unfair the process had been.

To what end though?

Good question. The entire process has been shambolic (and incredibly unjust). They will get want they want at the end, and she is of limited resources with no TU rep or other support.

Should she challenge them at all then?

Did she ever speak to ACAS?

Yes, they advised her to ask directly for a settlement which my friend is reluctant about doing. Firstly because her employers are known not to give out more than statutory, and secondly because she wishes to leave with her dignity in tact.

So after almost 4 years in the job and good performance reviews they are suddenly claiming that her written English is not good enough?

That is a nonsensical reason for trying to dismiss someone.

As someone has already said:

• roles can be made redundant
• people can be dismissed.

So her employer seems a bit muddled in their thinking. Also if she is being targeted because she happens to be foreign then this could also be discrimination.

Your friend should speak to ACAS and Citizen Advice Bureau.

No point, they won’t help if the issue began before she started.

OP, get her to call ACAS and get some proper advice.

Sorry, missed she’d already spoken to them. Her dignity will be intact if she negotiates a settlement including a reference.

What is the best way of asking for more than statutory?

She's prepared a list of concerns she has regarding how fair and transparent thr process has been (lack of written policy, lack of consistency, them backtracking on something they've said on at least 4 occasions, the fact that they published the advert pre-emptively then removed it when she asked for their redundancy policy) which hopefully she'll get a chance to present at the next meeting.

Once they present the terms of the redundancy package , how best is it to word a question that invites them to propose a settlment?

Also they allowed me to speak at the last meeting- not to answer questions but to ask difficult questions my friend was anxious of asking herself. Can they rescind this permission? Would it reflect poorly on them or would it be of little consequence?

Thanks so much everyone! Your responses have been incredibly helpful.

If she wants to ask for a settlement agreement on the grounds of racial discrimination she really really needs to engage a solicitor. With the best will in the world (and meant kindly) this is way out of your league to advise her on @Bishophogp. Compensation for discrimination isn’t capped in the same way that redundancy payments are so a good solicitor could get her tens of thousands of £ here which would more than cover the investment in their fees.

She doesn't want to go down that route.

The issue is no longer racial discrimination, but only that their redundancy process hasn't been clear and transparent. She's happy to accept a settlement (a little more that statutory), and doesn't want to go down any solicitor route.

I know I'm out of my debt. I'm under no illusion of the contrary. But the alternative is sit this one out and she'll be preparing and attending for consultations alone.

The trouble is that they won’t offer her a bigger settlement unless she has a legal challenge to the proposal. Her perception that the process isn’t transparent and clear won’t be enough - almost everyone at risk of redundancy will argue the same thing or that there isn’t a need to reduce the total number of roles.

If she wants to push for more money she has to show some teeth. Either racial discrimination or age discrimination or gender discrimination. Otherwise she’s really wasting her time.

This isn't really about money (although of course my friend has bills to be paid and the impact of losing her job a month before Christmas isn't ideal). I suppose it all rests of what she actually wants out of this process.

I feel so hopeless and defeated. It seems even highlighting the ways in which the process has not been fair not transparent is futile and pointless? It would have been easier for my friend to accept the redundancy without challenging them at all? Certainly they had planned on her being made redundant by now - has dragging out this process helped my friend in any way? Doesn't seem so.

Maybe time to sit down with her and ask her what she wants the outcome to be from this point? If it isn’t about achieving a higher settlement, then leaving with the least amount of stress and upset is probably best for her? She could then have a leaving do with her students, the nice announcement in assembley, drinks with her colleagues or whatever is normal if she wants this.