Voluntarily putting myself at risk of redundancy and how to appeal a grievance?

[PuffinNose]

Sorry, me again. Same issue.
I've put in a gruevance against my boss for bullying. I have been told by the org CEO and a couple of other senior managers including the one investigating that after the investigation I will be returning to the same job with the same manager. It doesn't matter what the outcome is, it's a done deal.
I just can't do that. Occ health and my GP have written to them to say this but the org is ignoring them.
The murmers are suggesting that the investigation isn't going to go in my favour. Can't say I'm surprised.
I'll appeal the outcome and decision to put me back into the team (even though I know it won't change anything) and have a couple of reasons I can state for appealing - they might out me if I say on here - but does anyone have any suggestions of things I could consider?
Also, I really, really can't go back to the team and even if I could, I'll be forced out somehow by the managers. If I refuse, I am essentially putting my self "at risk of redundancy". I can't access the policy right now but I know they have a certain period to find me a suitable jon or I'll be made redundant. As I'll be voluntarily putying myself in tgis position will I still be entitled to redundancy payment etc?
Thanks.

Please read my thread xxx

It is long and I have been battling away, same thing with OH etc. It might give you some ideas. My employer tried to do the same to me and I am fighting it all the way...

Not sure where redundancy comes in? Redundancy has nothing to do with this.

If you are thinking about refusing to return to work it's constructive dismissal you need to be thinking about.

Is there a vacancy elsewhere that you could be redeployed to? Arguing that they are unreasonable in returning you to the same team is undermined somewhat if there isn't actually anything else they could do. Have you suggested an alternative?

Thanks Flowery.
The redundancy thought comes from the fact that I can't go back to the team. I just can't. Rather than quit outright and then go down CD which I understand is long and very difficult, and hardly guarenteed, I am trying to look at alternatives. Plus my husband has just had his hours cut significantly so income wise I need to try and keep it together. I am happy to be placed anywhere (but in my substastive post and team) and have lots of experience in different roles so theoretically should be able to be moved. As for if there are any posts available. It's one of those "if your face fits" places. If they chose too, I could be placed. I don't really fit though, especially after this.
If they argue there aren't any other posts but my substantive role is affecting my health significantly which it was and my GP and OH have provided evidence of this, is there really nothing I can do? Going back into that role is not sometging I can do, as I say I'll be managed out before long anyway. Would they possibly look to get rid of me through capability ie I can't do the job I'm employed to do? If there isn't an alternative post, is CD still an option?
It goes without saying that I'm looking for another job.
Tigermoth, I'll have a look. Thanks.) and good luck. X

It's only redundancy if your role is no longer there, or if more than one of you are doing that job they need less of you.

I'm not sure it's up to you to do anything regarding which job you return to - surely that's your employer's responsibility? They need to investigate your claims and decide on an appropriate outcome, if the grievance is upheld. That may involve moving you to another team, but that's still not redundancy.

I think the only options to you are to appeal the grievance outcome if you are unhappy with it, and if that fails, resign and claim constructive dismissal if you think you have a case.

I can't see your employer making you redundant in this situation, sorry. Totally different situation/procedure.

Thanks for yoir reply Maggie. The redundancy questions comes from the fact that if I refuse to go back to the team which I will have to, I will be placing myself "at risk of redundancy" because there won't automatically be anywhere for me to slot into (apparently). Policy says I will go "at risk", rather than just get fired if I go down this route - advantage of a slow HR who haven't updated the policies from when the org was taken over a few years ago.
It is different to them saying you put in a grievance, you 're now at risk and now you're redundant. It would be me putting myself into that situation, not the org.
I will absolutely be appealing and have already started gathering evidence for it eg I know they have ignored crucial evidence etc. It won't do anything but I know I need to show I've done everytging I can so I have more options in the future.
My husband is already gearing towards a CD battle. Right now I do not have the emotional energy for it. If he's truthful, nor does he. He's ill and this isn't helping. Then again I am getting really angry about it all so perhaps I will have.
Luckily for the first time in my life I joined a union when I moved into this team. I suspect I'll be getting my monthly fees worth of legal advice etc in the very close future!

"If I refuse to go back to the team which I will have to, I will be placing myself "at risk of redundancy" because there won't automatically be anywhere for me to slot into (apparently). Policy says I will go "at risk", rather than just get fired if I go down this route"

Really?!! There is a policy which allows people to decide to refuse to do their own role and be placed at risk of redundancy? It's very clearly not a redundancy situation at all, so I would suggest being absolutely 100% clear that the policy allows you to do that before you go ahead and refuse.

It's not up to you to find a solution, clearly, but pragmatically speaking, appealing their decision is obviously much easier if you can point to an alternative solution that is available.

if your GP and OH agree that you are not fit for work unless an alternative role is found elsewhere, then they will need to look for an alternative role. But they wouldn't be expected to create one especially for you where there isn't a need, which is why I asked whether there are vacancies elsewhere that you felt might work.

Ultimately, if they can't accommodate a recommended adjustment, it would be capability.

I assume you are signed off sick at the moment?

Thanks for the reply Flowery. The policy is a left over from a previous merger and it was designed to allow staff to move about as we were restructured. It's an odd one I know but I can't go into more detail here.
Thanks for the clarity re capability. I thought that was the case but obviously work won't confirm that.
I'm currently at work in a different team and am leading on a "proper" project ie work that genuingely needed doing rather than something to keep me busy. I could very easily be placed into this team. They are running a couple of long term vacancies which I think they've put on the back burner. Occ health have suggested I stay in this team but as I say, work are refusing to even consider it.
I've now been given a date for the outcome of the investigation. I wasn't expecting it this soon. Trying not to read too much into it.
I'm trying to make myself as useful as possible in this team. The project is high profile and I'm hoping I can do a really good job. If nothing else, personally I need something that I can just get on with without micromanagement and constantly being told I'm stupid. I need that boost professionally.