Voluntary Redundancy Offered - Now It is an Exit Package?! Advise Please

[mummytippy]

In short I have been off work since September suffering from anxiety and panic attacks. I opened communication with my employer regarding occupational health provision and they told me they did not have any, but would welcome my GPs recommendation. My Dr is recommending that I work from home. My employer has been telling me this isn't possible. I do accounts admin and have been told by the company's IT consultants it is possible via remote working on a laptop. I submitted a reasonable adjustment request and been turned down. The reason - logistics of transporting paperwork by other staff members- too costly, too time consuming but it can be scanned and emailed... or posted. Most of the company's suppliers and customers email their documents. Also, contamination? I will contaminate paperwork in my home? I've not heard of Covid 19 being transferable on paper?

Just before Christmas I was asked if I wanted to consider voluntary redundancy (also told strictly confidential) and was made a financial offer. I made it clear I didn't want to take such a redundancy. I want to work, but wfh. I was then told I would be informed of any decisions made. I heard nothing and after Christmas I contacted my employer to ask the latest on the redundancies, which process are they following and who does it affect. They replied they were exploring whether I would be interested in an 'exit package' in case I might not be going back to work. I feel completely mislead and spent the entire Christmas period (while they were closed) worrying about their decision and this certainly hasn't help with my panic attacks and anxiety. Any advise on this matter would be greatly appreciated. TIA.

The bottom line is they don’t want you anymore. You can argue the rights and wrongs of that, but ultimately the only question now is how much they are going to pay you to go.

Off sick since September with no prospect of a return, of course they will manage you towards an exit. Provided they've followed their sickness absence policy, I don't know what else you would have expected.

FWIW, they don't need to pay you anything except your notice.

I understand IT stated it was theoretically possible, but if HR and management don't see it as a feasible option, then an exit package/ strategy is surely all that's left? If they follow the appropriate guidelines, they don't have to accomodate your GP's recommendation, if they don't believe that it is appropriate for the company, do they? Do you have someone from the union or UCAS you can talk to, to ensure that you don't have any other avenues left?

Thanks on replies.

Is not working from home returning to work?

@mummytippy

Thanks on replies.

Is not working from home returning to work?

Not if the to the employer wants you to do means going to work

Are any staff working from home now, due to covid ?

That's returning to work on your terms, and the way you want to and feel is best suited due to your current health concerns. They as a company disagree that this is a workable solution- so unfortunately, the fact you do, isn't something they sound like they are willing to consider. As someone else has asked, is the company currently offering WFH due to COVID or still maintaining an office environment?

then an exit package/ strategy is surely all that's left?

Which could include dismissal due to lack of capability.

Have you considered a phased return to work OP? They've given due consideration to your WFH request so you need to put that out of your mind.

It does sound like they are offering a compromise agreement as opposed to redundancy. How long have you worked there?

@SD1978

I understand IT stated it was theoretically possible, but if HR and management don't see it as a feasible option, then an exit package/ strategy is surely all that's left? If they follow the appropriate guidelines, they don't have to accomodate your GP's recommendation, if they don't believe that it is appropriate for the company, do they? Do you have someone from the union or UCAS you can talk to, to ensure that you don't have any other avenues left?

It is definitely viable. Millions of people are working this way due to Covid 19 aside from my reason which is for health issues.

My boss who's making the decisions doesn't know how I do my job. They are not technologically minded unfortunately.

I'm not in a union unfortunately so I've spoken to ACAS and they have said to document everything emailed for now. They said to offer solutions to all elements of the wfh 'hurdles' and ask for a reconsideration in their decision.

They weren't happy that the exit package was disguised as redundancy and talked in the past tense like I'd have to ask for it now if I wanted it, which I don't.

I'm not sure you understand how reasonable adjustments work in legal terms. The employer needs to give consideration to what help you, and if they believe something is not reasonable, they need to justify why they believe that. The reasons they have given are more than adequate to show they have given due consideration to you working from home.

Also, at this point it's far from definite that your condition would be considered to meet the definition of a disability.

In your ideal wfh scenario, you mentioned that paperwork can be scanned to you... Who do you expect to do that? Is it reasonable for a colleague to pick this up to enable you to do your job, taking them away from theirs?

There's also gdpr restrictions the company need to consider in regards to ensuring your handling of confidential data correctly from home etc.

Yes lots of people are wfh just now but it doesn't make it an automatic right and you have no idea what else the business is juggling in terms of requests from other staff etc.

They are offering you a way out which is better for everyone vs going through a drawn out capability procedure, particularly given your conditions.

What outcome are you looking for, given that you know wfh is not a viable option for your employer?

I have worked there 9 years.

I don't know if anyone else is working from home as I'm not in touch with anyone else. I know in July when I last spoke to a colleague, they said they had asked to wfh but been told no, even though the office manager had agreed it would be viable if necessary.

My GPs recommendation was invited when they confirmed they had no OH provision. I had also asked about Covid security but wasn't supplied with their risk assessment, just told the HSE had approved it.

Aside from my health condition, what about my employer's duty to allow staff to wfh based on the Governments lockdown advice?

Would you really want to return to work for a company that obviously no longer want you to work there? They will find a way to manage you out once you return. I'd take the exit package.

The reason initially was security so I advised they speak to IT who could explain how to alleviate their concerns on that.

They confirmed they hadn't because there would be a substantial cost to it and then turned the focus on paper contamination between work / myself which I actually do not understand.

what about my employer's duty to allow staff to wfh based on the Governments lockdown advice?

It's not a duty, it is a recommendation. Millions of people are still going to offices and other workplaces everyday.

Honestly you don't have to understand it. There isn't a right to work from home, if your employer says it isn't possible for security/financial reasons then they don't have to.
If they aren't going to change their minds what do you want?

They confirmed they hadn't because there would be a substantial cost to it

That is a valid reason to refuse a reasonable adjustment. There is an expectation that an employer might incur some cost in making RAs, but it needs to be proportionate and realistic relative to the means of the company.

Have you considered a phased return?

@Mmsnet101

In your ideal wfh scenario, you mentioned that paperwork can be scanned to you... Who do you expect to do that? Is it reasonable for a colleague to pick this up to enable you to do your job, taking them away from theirs?

There's also gdpr restrictions the company need to consider in regards to ensuring your handling of confidential data correctly from home etc.

Yes lots of people are wfh just now but it doesn't make it an automatic right and you have no idea what else the business is juggling in terms of requests from other staff etc.

They are offering you a way out which is better for everyone vs going through a drawn out capability procedure, particularly given your conditions.

Surely with an encrypted laptop GDPR would not be a concern.

My boss issues a list of items to post and it would literally take them the same amount of time to scan and email that list as to place it in my in tray in the office.

Lockdown wfh is about working from home “where possible”. It seems your company thinks it’s not possible and staff cannot work from home. Lockdown aside, you can’t just choose to work from home if your employer doesn’t agree to it.

@Orf1abc

They confirmed they hadn't because there would be a substantial cost to it

That is a valid reason to refuse a reasonable adjustment. There is an expectation that an employer might incur some cost in making RAs, but it needs to be proportionate and realistic relative to the means of the company.

Have you considered a phased return?

I cannot accept the proposal of phased return as when I asked how they would accommodated me in the office should I have a panic attack, they told me they had no occupational health provision.

Also, wfh would allow me to do my contracted hours as opposed to reduced hours so I would not be losing out financially.

Scanning and emailing documents obviously takes more time than putting items in a tray. I can see why they aren’t agreeing to your requests if that’s the sort of argument you’re making. You’re fixated on getting them to say yes to working from home, but it’s pretty clear that’s not going to happen.

So, what do you want? Do you want to work towards returning to the office or do you want to leave? Those seem to be your only two options. If you’re not prepared to return to the office, you need to focus on agreeing the best exit payment possible. How much have they offered?

But they've said no to WFH which they're allowed to do. So.. what do you want?

@triceratops12

Would you really want to return to work for a company that obviously no longer want you to work there? They will find a way to manage you out once you return. I'd take the exit package.

I'm starting to feel that way.

I was furloughed initially and they did not even confirm that I was... until I asked. Then still nothing in writing.

Apparently I declined the exit package when I declined voluntary redundancy... as my employer was not clear on what he was offering me.

All I want to do is wfh. It feels like a battle and is frustrating and exhausting when I'm showing genuine initiative.

Voluntary redundancy is another name for an exit package. It’s not subject to the same rules as compulsory redundancy.

If you don’t accept the (presumably enhanced) package, and you don’t return as requested they can take you down an ill health capability dismissal and just pay your contractual notice plus any accrued leave.