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.

By the way my organisation has made it possible for all accounts processing to be done from home - with invoices etc scanned in. However, it is a large organisation with a system and technology which was already being used in this way prior to the pandemic. We just needed the office porter to forward any paper invoices to my colleague at home. Most invoices are electronic now though.

However OP you work for a smaller organisation. You have requested reasonable adjustments and they have said no. You have only a couple of options left:

• identify efficiency/cost savings for them from this new way of working if they don't cost them more money (if possible) and ask them to review
• ask for a phased return to work or WFH one/two days a week
• start looking for jobs/accept an exit package.

But bear in mind the jobs market is difficult right now so it's probably a good idea to seek to retain your job right now. You can't assume that all new employers can offer working from home.

It is one thing for the organisation to post or email things to suppliers and customers, it is quite another to create this extra workload because a member of staff doesn’t want to come into the office. Your company will easily be able to demonstrate that the adjustments were not reasonable on the basis of time and expense. In any case I would question whether panic attacks since September constitute a disability that requires reasonable adjustments.

You need to let go of the working from home, it isn’t going to happen. I would recommend you agree the best financial settlement you can because if this goes on much longer they could start the process to fairly terminate you on grounds of capability.

A year “or anticipated to last a year”.

But working from home may still not be a reasonable adjustment whether it falls under the EA2010 or not.

@BuggerBognor

I would question whether panic attacks since September constitute a disability that requires reasonable adjustments.

I believe it’s a year before depression/anxiety can be classed as a disability. An employer with decent employment law advice will be looking to terminate (either on a mutually agreed basis or capability) well before then.

I have been suffering panic attacks since May (8 months) but as I was furloughed and work had no contact with me they didn't know. It was after my father passed away and my employer then asked me to return to work (when I was about to go on pre-booked annual leave) that things worsened and I was put on sick leave by my GP.

@TitsOot4Xmas

A year “or anticipated to last a year”.

But working from home may still not be a reasonable adjustment whether it falls under the EA2010 or not.

What is EA2010 please?

Equality Act 2010.

The thing is, it doesn’t matter if you consider yourself in need of reasonable adjustment. You don’t fit the criteria. You still need to be capable of doing the job - and at the moment you aren’t capable of doing it, you say.

Exactly.

Can you ask to be re-furloughed due to homeschooling? Just a thought.

As she has a fitnote the company can decide between sick and furlough - she can’t be both.

Ironic given she was unhappy about being furloughed, then unhappy at not being re-furloughed.......

@TitsOot4Xmas

A year “or anticipated to last a year”.

But working from home may still not be a reasonable adjustment whether it falls under the EA2010 or not.

Yes I agree. I mentioned that the health issues mentioned may not constitute a disability (and therefore entitlement to reasonable adjustments) because if OP is terminated and wanted to fight it, they would not only need to try and argue that they were refused reasonable adjustments, but they would also need to argue that they were entitled to reasonable adjustments in the first place. It wouldn’t be a given.

The settlement package looks like the least worse option here.

You've had lots of good advice here OP. And, if things are as you say, it may be that your employer hasn't done everything 100% correctly, but on the salient point of justifying their refusal of your WFH request they appear to be on firm ground. Your arguments are, frankly, ludicrous. As lots of PP have said, you need to demonstrate how your WFH adds value to the company, not to you. But anyway, that ship has sailed. You will not get this.

HermioneWeasley has it right. They don't want you any more, so you need to basically choose between:

• the exit package
• hanging on and running the risk of being dismissed with no package for capability reasons.

I agree completely @Aprilx

@WB205020

OP, firstly you do have my sympathy. Not necessarily the same but i had horrendous back problems a couple of years ago and had some issues with my employer in regards to expectations. I was fortunate that the global HR team took over and dealt with the issues. Things improved and i was able to return to the office over time. Unfortunatley it sounds like your company maybe a small to medium sized one therefore doesnt have all the arms of support a larger one might.

With me it never got to the issue of me leaving but in all my years of work when ever that has been discussed the company, or those in charge, have made their mind up and want that individual out. I dont think you have done anything wrong but i also think your company have been quite accomodating (more than mine was tbh in regards to the length of time you were off). I suggest you take the exit pay. Maybe try and negotiate another months pay if you can. The reality is unfortunately the company dont want you there anymore so you will be gone either way.

I'm sorry to hear of your back pain and the problems you encountered. It sounds like the HR department made the difference. Where I work the HR department and office manager are one person.

Yes, I work for a medium sized company and this point was raised first and foremost when I asked about OH provision and also my options. I basically was told no OH because a medium sized company, but then I had it pointed out that they could have engaged an independent OH consultant to help work a way forward.

My employer didn't even make any suggestions regarding should I have a PA in the office. I just feel completely let down.

@TitsOot4Xmas

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.

I didn't know it was another name... ACAS though giving it 2 different terms was misleading. Especially as initially work said initially that it was due to a down turn in work they were having to consider making redundancies. It was only when I asked about the process they were following, and who it concerned I was told... well actually it was an exit package we were running by you.

How can that be acceptable?

@TitsOot4Xmas

Equality Act 2010.

I understand now thanks.

down turn in work they were having to consider making redundancies. It was only when I asked about the process they were following, and who it concerned I was told... well actually it was an exit package we were running by you.

That’s quite a drip feed. Doesn’t make any difference though.

When was the last time you were at work? You were furloughed- from when and to when? When did you go on sick leave? Who is doing your job at the moment?

To be honest, I think the company has been generous offering you voluntary redundancy/exit package. They don’t have to. I think you either need to get back to work in the office on Monday - or thereabouts - or accept the exit package- if it’s still available. Otherwise you are likely to be made compulsory redundant on statutory terms, or dismissed under capability.

OP - you also seem a bit passive in a way. You are banging on about working from home despite valid reasons being given for why this is not acceptable and you being unable to properly dispute them. You’re not explaining why this is in the company’s interest - if what you’re asking is not, it can’t be a reasonable adjustment for the company.

You also seem to be expecting them to suggest how to deal with your panics attacks in the office - they are not specialists in mental health and have no idea how your issues affect you specifically. As an employer I’d be expecting you to tell me what triggers you, what happens and what you need at the time to recover so we could work together on a plan. You seem to be expecting them to know how your condition affects you specifically.

You also are upset they didn’t contact you, but when they did you ignored them for days. Employers need to be very careful when dealing with people with MH issues. They cannot be seen to be harassing you to return. Again, I’d be taking the lead of the employee in these circumstances.

Ultimately, despite the rights / wrongs here, your employer has managed without you for the best part of the year and you are unwilling to return to the office and actually do the job as they want you to. I think you need to be looking at how best to move on, as I expect your employer neither wants nor needs you anymore. And I am sorry for that, but you need to focus on you and putting yourself into a position where if the axe does fall on your job, you have something else to rely on.

@TitsOot4Xmas

As she has a fitnote the company can decide between sick and furlough - she can’t be both.

Ironic given she was unhappy about being furloughed, then unhappy at not being re-furloughed.......

I wasn't unhappy about being re-furloughed. I was on 80% of my wage when I was the first time. I was asking to wfh home during the first lockdown, before I had my first panic attack.

@TitsOot4Xmas

down turn in work they were having to consider making redundancies. It was only when I asked about the process they were following, and who it concerned I was told... well actually it was an exit package we were running by you.

That’s quite a drip feed. Doesn’t make any difference though.

So it is okay to not be truthful with me and leave me worrying over Xmas and new year?

Plus also they wanted to discuss my return to work on the 14/12 and 3 days later I was told there had been a down turn in work so VR put to me.

When I asked what had changed in just a few days I didn't get an answer.

What are people's thoughts on the contamination of paperwork between my home and the office please?

Irrelevant tbh

I wouldn't have thought the risk was any different to multiple people touching it in the office, but do more people have to touch it to get it to your home?

There's no point thinking about it though because it's not going to happen. You need to decide what you're going to do about going back to work. If you're not going, you need to accept/negotiate their offer.