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Advice following redundancy appeal

12 replies

17leftfeet · 06/12/2013 16:17

I had my appeal hearing, redundancy overturned and they've offered me my job back

The reason I appealed was unfair scoring for selection, which was done by my line manager -who they want me to work for again

I have absolutely no trust in him

It's a multi site company and there is a clause in our contract about mobility -do I have and right to ask for a move? I genuinely can't work for him again and feel that it would be detrimental to my mental health

I've been thinking about it for the last 2 days (they've given me until Wednesday) and I'm stressing at the thought Sad

OP posts:
FloweryTaleofNewYork · 06/12/2013 20:37

"It's a multi site company and there is a clause in our contract about mobility -do I have and right to ask for a move?"

Well it depends what the clause says! There's nothing stopping you asking the question but to what extent you have rights will depend on the clause.

17leftfeet · 06/12/2013 20:47

The clause says we have to be mobile within 40 miles to meet the needs of the business

That generally means we have a permanent place of work but if a site needs more support, or the balance of the team is wrong we get told to move

The redundancy was treated as though it was one site with group consultations with 2 people from each site actually affected

OP posts:
FloweryTaleofNewYork · 07/12/2013 07:25

Ok so that clause doesn't give you the right to a transfer at your request, but you can certainly ask.

17leftfeet · 09/12/2013 23:27

Had meeting today

They have said they don't think it's appropriate I go back to my original location and have offered me a position nearly 80 miles away

No other vacancies apparently

But if they had followed the correct process then I would have offered me a closer location

I don't know what to think now other than they are making it clear they want me to take voluntary redundancy

OP posts:
FloweryTaleofNewYork · 10/12/2013 09:36

"Not appropriate"

That's not justification for making you redundant or changing your terms and conditions by relocating you 80 miles.

What do you want? You could certainly force the issue and return to your job as before, if your redundancy has been overturned.

17leftfeet · 10/12/2013 10:15

Someone has been appointed to the new role in my previous location -could I really just show up for work?

There are 6 locations within 20 miles which is my previous travel distance -I would be happy with any if these but they have all had new appointments

The locations that have vacancies are because no one within 30 miles met the scoring criteria

I'm a single parent, there's no way I could travel that far and still do my contracted hours, let alone afford the additional travel cost -I feel like they are forcing me to accept the voluntary redundancy and I'm in no better position than I was before the appeal Hmm

I would like them to offer me the position or an equivalent of equal pay scale within my agreed travel distance -would be my ideal as I need to be earning and I'm better off looking for a job whilst in a job

OP posts:
FloweryTaleofNewYork · 10/12/2013 14:05

What did the letter overturning your redundancy and offering you your job back actually say?

17leftfeet · 10/12/2013 14:28

The letter confirms the hearing outcome to overturn my dismissal due to redundancy and a meeting has been arranged to discuss my return to a position within the group

My contract isn't with the group it's with one of the 3 companies that forms the group

Also no other roles were mentioned during the redundancy process other than the replacement role

There is nothing else the same pay grade

OP posts:
TheDoctrineOfSanta · 10/12/2013 20:35

Have they all had new appointments because people moved around in the redundancy round? It seems odd if they were new hires during a redundancy round.

17leftfeet · 10/12/2013 21:34

They were existing employees that were moved around

OP posts:
17leftfeet · 13/12/2013 18:37

update

I've been offered a job where my salary will be protected for one year

It's a lower grade, lower status, reporting to the grade to which I should have been appointed and is a multi location position working in one of 10 locations on a month by month basis to meet the needs of the business

The only thing the same is the salary

Would this generally be considered to be a suitable alternative?

OP posts:
mariefab · 13/12/2013 19:20

Yes, it's possible that it would be considered a suitable alternative just because of the salary protection.
Tribunals work in the real world and in the current economic times roles with 10%+ less pay are accepted as SAE because frankly it's a lot better than the other alternative - unemployment.

Unless there are other more suitable roles available it's probably best to take it to keep an income, then job hunt.

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