Is this constructive dismissal?

[Horseradishes]

I work part-time. There is also another part-timer in my team (same grade). Six months ago we were both told our role was no longer needed, but we could continue indefinitely until we found a suitable alternative internally. We have applied for two roles but not got them.

I have been at the company ten years, with an unblemished appraisal record, but suddenly I've been given a poor appraisal with no real examples to back it up, just a vague 'you're performing less well than others at your grade'. This means I can no longer apply for internal roles. I have said I should be made redundant, as I have no job (the manager admitted there's not enough work for all of us) but they are insisting I can continue working in my current role and I'm not being forced out.

It is all very unpleasant. I've asked to meet with my manager and hr to discuss my appraisal grade, which was given to me at the 11th hour so presumably they didn't want to allow me time to contest it...I've asked for concrete evidence of my shortcomings, so far there's precious little from them.

I'm also pregnant, they don't know yet though....is it worth a grievance and constructive dismissal claim? Or should I avoid the stress, as they've said they don't want to make me redundant, I'd get mat leave but have to resign after as there's blatantly no job for me and they want me out.... Thanks!

Someone more knowledgeable than me will be along - but do not resign after (or before) your Mat leave. If the role is redundant you are entitled to redundancy pay.

If noone comes along contact ACAS - they will be able to tell you your rights.

Why do you think they don't want to make you redundant? I mean what do you think their reason is? Why is continuing to pay you preferable?

Thanks. I think they'd have to make both redundant as we have the same jobs, but the other part timer has twenty years there so I think they want to avoid the cost, which hasn't been sanctioned from above (a director would have to authorise it). It's much cheaper to manage us out of the business.

That sounds unlikely, especially if they've just paid you for six months without making any attempt to manage either of you out, and the only thing they are doing now that could be construed as managing you out is giving you a poor appraisal that you don't think you deserve. By the time they would actually be in a position to dismiss you for poor performance you'd have been employed a further year since you were told your roles were effectively redundant.

How pregnant are you? I think personally I'd do the following:

-Tell them you are pregnant. I would expect them to back off any kind of aggressive performance management if that's what they are planning.
-Strongly appeal your appraisal rating and put your concerns on record
-Sit tight until you go on mat leave and benefit from maternity pay etc
-See how the land lies when you're due back from mat leave. A lot can change in that time. If there is a genuinely suitable job available for you, fine, if not they'll need to make you redundant.

Great advice flowery, thank you! I construed the informing of us that our role was no longer needed was a nudge to leave, particularly as they haven't really been helpful in finding us something else (we have been trying too).

I think I will have my meeting on Monday with my manager and HR and will try to resolve the situation and see if they can get me an internal transfer (my ideal situation).

If they are unhelpful and unpleasant then I will consider raising a grievance as I don't have much choice, I'm not far from mat leave so will also tell them I'm pregnant, hopefully that will prevent any aggressive posturing by them too.

Thanks again. The plot thickens...my manager said he put me forward as a good grade, but I got downgraded by the director who needed a certain quota of people to be graded in each band, so they decided I was less good than some colleagues and downgraded me.

I've asked for examples of my poor performance but been told I've done everything required for my role, however they gave some vague anecdotes about me being less confident than some colleagues and said I contributed less to some meetings...none of this seems to fit in with the corporate policy about having to give specific written feedback if there have been performance issues, I've got no written feedback though I have asked.

I'm going to object to my manager and HR and see what happens, at least it'll be shown on my record...