Constructive dismissal dressed up as redundancy

[Iambeingpushedout]

Hello I'm wondering if anyone could give me some help regarding a bad situation at work.
I work in a small team but in a stand alone role. I have worked there for 5+ years.
A couple of years ago we got a new manager who gets along extremely well with our director and the management team. The manager has a few specific favourites on the team and bullies those whose face doesn't fit.

I had a run in a few months ago when it was my turn to be singled out. It was so bad that I took my complaint unofficially to HR. I decided not to make it official and let the dust settle.
Since then however, I am constantly being picked up on the for slighest perceived errors and accused of not doing my job competently, attitude problems etc.

The director called me into his office yesterday to say they are "considering making my job redundant and splitting my role between the other team members. How do I feel about that" He'll let me know in a couple of weeks. That was pretty much it, end of conversation.
I was obviously pretty shocked but I think this is the managers doing. I really don't want to lose my job. I really enjoy working there and have got on well with all my colleagues until this manager started.
I have always been told my performance at work is impeccable as is my timekeeping and attendance.
They can't dismiss me because I haven't done anything wrong. I am thinking that if I was made redundant, I would then sue for wrongful or constructive dismissal.
If that was to happen, what information would help me and help support my case.
Also, another thing, I'm not sure I could ever trust my position there was safe if I wasn't made redundant. Will I get fired soon anyway. I don't feel I can trust anybody any more.
Please could anybody give me advice?

If you are made redundant constructive dismissal wouldn’t be relevant as it would be an actual dismissal. The claim would be unfair dismissal, and the grounds for an unfair dismissal claim in the event of a redundancy situation would basically either be that it was not a genuine redundancy situation and/or a fair selection process wasn’t followed.

Have you got anything in writing yet? If it’s a proper redundancy process they need to write to you confirming that you are at risk of redundancy and explaining exactly why, and consulting with you about it, explaining selection criteria etc.

Hi Flowery
I have nothing in writing yet. He just said nothing had been decided yet and he was just testing the waters. As I said, mine is a stand alone role that is crucial to the department. He said the others will just take on the extra tasks. I don't believe that as they are already very overloaded with work.

He said it was due to a downturn in business but we are doing better than we ever have. Also, he asked me not to discuss anything with anybody else until he had decided what he was doing. As far as I know, this doesn't affect anybody else in the department.

I went through a similar situation a few years ago. It's worth getting informed on the legal framework- ACAS were really helpful. In my case, I kept all paperwork and emails, asked questions, kept a record of their responses etc. They were less well informed and although they tried to make me redundant, I had all the evidence to appeal. They backed down and renamed the job role. You need to be aware of your rights, but let them make mistakes. I would email him, quoting the conversation je had with you and question when to expect an update as you are understably concerned. That way, you have an audit trail.

Thanks Upordown. I never thought to create a paper trail. I'll also see if I can get any help from ACAS.

It is also well worth keeping an eye on what happens next.
One of my friends was made redundant and then an almost identical position was advertised.
They got a substantial payment at the end of it all.

If you do have to go through the redundancy process, you have a right to have someone with you in the meetings - a colleague or friend. Make sure they take minutes and request 'i'd like that minuted' as appropriate. You'll get a copy of the minutes.

I would also suggest that you start looking for a new job & update your CV now

The best outcome would be redundancy & walk straight into a new job !

"I have nothing in writing yet. He just said nothing had been decided yet and he was just testing the waters." That sounds to me like he quite wants you to leave and was, exactly as he said, testing the waters to see if you'd jump at a 'redundancy' package.

"As I said, mine is a stand alone role that is crucial to the department. He said the others will just take on the extra tasks. I don't believe that as they are already very overloaded with work." What do you think they'd do instead, just recruit?

If it's not a genuine redundancy, ie they plan to just replace you or something, that would give you grounds to challenge it. I would make sure you write down everything that has happened/been said, start looking elsewhere anyway, and then see what happens a bit, in the knowledge that if they proceed with an unfair process, you can challenge them.

I had this happen. They tried to make me redundant but while not getting rid of my job. Offered me basic redunancdy.
I emailed my manager and said l thought was constructive dismial.
I ended up after much back and forth with a large lump sum payoff. Signed a non disclosure agreement took the money and ran. Best thing l ever did.
You need to sure they are actually makes g your time reedunant. If not argue but do you want to work where you not wanted

Thanks everyone. I think he intends to get one of the other team members to cover in the short term and the he will have to recruit as it is quite a busy, big role and the work turnover is pretty fast paced even for me with years of experience. I can't see any way the other members of the team could take on the extra work.
Another very valid point, the manager has a family member who currently works in a different company but in the same role.

I don't think I can work there any longer knowing I'm not wanted and therefore not trusted. I'm thinking it's heading towards a settlement agreement at some point in the future "when he has made his mind up".

I only hope I can poker face until then whilst I look for anything that may help a claim of unfair dismissal.

PS I can read the posts on my phone but I can't post so it's evening only because I can't risk MN at work.

I have an update:

I have a close colleague who is possibly due to give notice for personal reasons in the next couple of months. The director took them into the office and offered an enhanced package if they left now. No reason given. My colleague was asked to consider it and called back a couple of days later. The offer was refused as of no real benefit to colleague and if future plans fall through, they would be without a job.
Colleague said director seemed "very pissed off" but no idea why. I am thinking that they would have had to sign a document to say they would not go to employment tribunal under any circumstances which would take away my best hope of corroboration of any future claim I make.

Also, I had a formal letter to say that my role is potentially being absorbed elsewhere so I am officially at risk of redundancy. They will arrange a meeting for consultation.

Any ideas what my next move should be?

Thanks for reading

"I am thinking that they would have had to sign a document to say they would not go to employment tribunal under any circumstances which would take away my best hope of corroboration of any future claim I make."

Yes the colleague would have had to sign a settlement agreement guaranteeing not to bring a tribunal claim in return for the enhanced package. No reason to think any claim you might have would be impacted though.

Your next move should be to attend the consultation meeting and ask questions about the proposed redundancy, ask what will happen to your work, how the decision was made, what redundancy pay you would get, etc. It sounds like they are now doing it by the book, which significantly reduces your chance of a claim to be honest, as if they do absorb your role into others, that is a redundancy situation. Make sure you ask about why your role absorbed into others, rather than the other way around, so if the rationale for redundancy is cost-saving, why has your role been selected to be removed.

Thanks Flowery
I need to bring my CV up to date. I haven't needed it for years. Could you point me towards any good sites for CV information as I think the layout has changed significantly since I did mine?
Thanks for your time

Ask for a copy of the redundancy policy too - so you can review it. Have you got someone who can attend with you just for support? You'd need to advise them that you'll be bringing someone into the consultation.