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.

@Comefromaway

What is the reason they said you weren’t entitled to be enrolled in the company pension?

They said I didn't qualify on my earnings (had to be over £10k)and my basic was just below this. when I questioned it a couple of years ago (as I work overtime so go over £10k) they said contributions only payable on the amount over £10k. I've since learned that I was auto enrolled when overtime took me over the £10K but then had been marked as a leaver. Pension provider could not say when or why, but that I should still be in the pension and to ask my employer to contact them. The pension provider told me that contributions should have been paid on any amount over £6240.

Even if you earn under the £10k threshold you can request to join if you earn over the lower earnings amount of £6,100 and something.

We job share. 3 days each only working one day together (crossover day).

So they pay 20% more on the role. I can why they are concerned. How is the crossover day going to work if you WFH?

Because a) you've probably presented the situation in the highly selective way you started off here (and listened to them in the selective way you respond to the people saying what you want to hear) and b) EASS is not an advisory body, it is an information helpline that specifically states that it cannot provide legal advice.

They have not given you legal advice, they have given you information.

The information and support provided by the service is not the same as legal advice, which should only be provided by, or under the supervision of, professionally qualified lawyers. We recommend you consult a lawyer if you want legal advice, wish to take formal legal action or want advice on the merits of your case.

All they do is provide information on how a situation may relate to aspects of the EA, they don't advise on the merits of the situation or how wise it is for you to take a particular course of action.

The EASS helpline is able to provide free advice and information about the Equality Act 2010 and the Human Rights Act 1998. We can advise you on identifying the correct protected characteristic, the sector and the prohibited conduct which applies to your circumstances.

Of course, this thread isn't legal advice either. It's entirely your prerogative to try and argue the reasonable adjustments point, but the key word in that phrase is "reasonable".

If you had taken actual legal advice they would have made clear to you that you can lawfully be dismissed due to disability, and had a discussion with you about whether it's in your best interests to keep having this fight or negotiate an exit.

I think you would benefit from legal advice.

www.citizensadvice.org.uk/law-and-courts/legal-system/finding-free-or-affordable-legal-help/

Either that or send a letter outlining they have failed to make a reasonable adjustment and quote the EA2010.

You aren’t covered by the EA2010!!!

It would seem that what they're advising me is the complete opposite of the majority of the MN'ers who've posted. I'm not ignoring what's being said on here, I'm just very confused why an advisory body would tell me to do the opposite.

What the hell have you told them?!

I've not rtft however I'm quite surprised by some responses on here given the uproar on a daily basis at employers enforcing employees go into the office

Op this is a difficult situation however there are a few posts on here were you have had good advice. You mentioned that you asked to be referred to occ health however there are no provisions, has your employer obtained a doctors report given you are long term sick?

There are a few red flags to me with the way this has been handled (I work in hr) however you often find smaller businesses don't necessarily use best practice.

It does sound as though they have considered your wfh request and that it's going to cause additional workload for the business to accommodate. Your best option here is to try and negotiate closer to what they are asking, would there be an option to wfh some days then office some days on a phased basis?

Either way you need to ensure you are keeping up communication, don't wait on any contact with them if they request it and keep a record of everything, emails/write notes on calls etc.

There are a few red flags to me with the way this has been handled (I work in hr) however you often find smaller businesses don't necessarily use best practice.

Many of us work in HR.

It does sound as though they have considered your wfh request and that it's going to cause additional workload for the business to accommodate. Your best option here is to try and negotiate closer to what they are asking, would there be an option to wfh some days then office some days on a phased basis?

She only works 3 days a week. And they pay 20% premium to cover the role full time already. Direct WFH costs would be the same whether she worked 2 hours or 5 days from home. Realistically, even if they could agree 1 day at home, why would they? On top of the cost she’s made a fuss about childcare/homeschooling (so it’s unclear how much work would get done), been tardy about comms and suggested others do more work so she can be at home.

This is not an engaged employee.

Tbf it might be less surprising if you'd rtft.

An exit package and voluntary redundancy are the same thing. They haven’t moved from one to the other.

You do not qualify under the Equality Act, so the company doesn’t have to make any reasonable adjustments at all.

Tread very carefully OP. If they’ve cited a downturn in demand they could very easily undertake small scale redundancy and you’d get next to nothing.

VR and Exit Package are exactly the same thing. You agreeing to leave for an enhanced package compared with compulsory redundancy/dismissal terms.

@mummytippy

I am not ignoring advice. I am listening and reading every single comment.

I spoke to the EASS yesterday am and they advised I go back to my employer and outline in detail every aspect of my job and how me wfh will benefit the company and to ask for a reconsideration in their decision.

Either that or send a letter outlining they have failed to make a reasonable adjustment and quote the EA2010.

It would seem that what they're advising me is the complete opposite of the majority of the MN'ers who've posted. I'm not ignoring what's being said on here, I'm just very confused why an advisory body would tell me to do the opposite.

My original question was to try to understand how my employer could move to an exit package from VR where they'd based the reason for VR on a supposed downturn in work - a reason that has now turned out to be untrue. I feel mislead by that and it felt sly.
The EASS said to ask for clarification on the VR/exit package situation as a matter of conduct due to feeling mislead.

I just feel overwhelmed.

I also have an issue with my pension (in that they haven't enrolled me or paid any contributions into the workplace pension for me for 4 years), claiming I wasn't eligible to be in it, but I've since found out from the provider I should. I have asked my employer separately to contact the provider and please come back to me.

The thing is with this op is that it needs to be just that..reasonable and if it isn't for them and they have a valid reason for why it isn't (additional workload/cost implication etc) they are under no obligation to make such adjustment. What matters here is what they have offered you instead of this to support you getting back into the workplace.

If they are shutting down and unwilling to offer you any form of support to get you back into the workplace and simply pushing ahead on a settlement agreement well then that's a different story and you may well have a claim for discrimination.

Is there any particular reason you really want to be at home? I know I don't speak for everyone but I'm an anxiety sufferer and I've wfh on and off the past year with a couple of office days per week and if anything it has made my anxiety worse.

@Allispretty

Do you honest think none of that has been covered in the c. 300 posts before you happened upon this thread?

RTFT.

@TitsOot4Xmas

There are a few red flags to me with the way this has been handled (I work in hr) however you often find smaller businesses don't necessarily use best practice.

Many of us work in HR.

It does sound as though they have considered your wfh request and that it's going to cause additional workload for the business to accommodate. Your best option here is to try and negotiate closer to what they are asking, would there be an option to wfh some days then office some days on a phased basis?

She only works 3 days a week. And they pay 20% premium to cover the role full time already. Direct WFH costs would be the same whether she worked 2 hours or 5 days from home. Realistically, even if they could agree 1 day at home, why would they? On top of the cost she’s made a fuss about childcare/homeschooling (so it’s unclear how much work would get done), been tardy about comms and suggested others do more work so she can be at home.

This is not an engaged employee.

I didn't say anyone else didn't so I'm not sure what you are getting at here? I'd simply stated it for the op's benefit.

How do you know she is not engaged? Without her full back story and career with the business you have no idea and are basing it on a couple of posts. It's quite obvious she has suffered with the impact of the pandemic (homeschooling/anxiety) along with a lot of people for all we know she's contributed massively to the company prior to this so don't make assumptions.

@Allispretty
The OP has no claim whatsoever for discrimination. Please don’t encourage her.

@Allispretty

Really this is one where you do need to read the full thread...

How do you know she is not engaged? Without her full back story and career with the business you have no idea and are basing it on a couple of posts. It's quite obvious she has suffered with the impact of the pandemic (homeschooling/anxiety) along with a lot of people for all we know she's contributed massively to the company prior to this so don't make assumptions.

I’ve read everything the OP has posted in the last year. You haven’t even read all of their posts in this thread.

If they are shutting down and unwilling to offer you any form of support to get you back into the workplace and simply pushing ahead on a settlement agreement well then that's a different story and you may well have a claim for discrimination.

On what grounds?!

@Allispretty

Thank you for your advice.

Yes, I've worked for my employer 9 years and they are a medium sized company.
I have always worked hard and have been a loyal employee always full of initiative. Working through lunch, staying late, starting early... all unpaid.
I do feel now that I am being looked at like 'I need to pull my socks up/put on my big girl pants...' when I have had the most horrendous last 9 months with my father passing away too. Even then I still responded to works messages.

I was told by ACAS early on that they almost certainly had not exercised best practice when I was furloughed as they did not even contact me never mind put anything in writing so this contributed massively to me feeling insecure. They told me to raise a formal grievance but I didn't as I had so much going on with my Dad becoming ill and suddenly passing away. I did not want to bit the hand... now I just don't know what to do as the VR /Exit package was described as 'exploring whether I wanted to return', and were 'floating an idea'. This was after I asked which process they were using for VR... which process, who was it concerning... and I'd turned down VR in the previous email to them.

I want to reply first thing tomorrow.

@TitsOot4Xmas

How do you know she is not engaged? Without her full back story and career with the business you have no idea and are basing it on a couple of posts. It's quite obvious she has suffered with the impact of the pandemic (homeschooling/anxiety) along with a lot of people for all we know she's contributed massively to the company prior to this so don't make assumptions.

I’ve read everything the OP has posted in the last year. You haven’t even read all of their posts in this thread.

But you don't know my work history @TitsOot4Xmas

I have always worked hard and have been a loyal employee always full of initiative. Working through lunch, staying late, starting early... all unpaid.

None of these are measures of engagement.

This was after I asked which process they were using for VR... which process, who was it concerning... and I'd turned down VR in the previous email to them.

There doesn’t need to be a process for a voluntary scheme.

@TitsOot4Xmas

I have always worked hard and have been a loyal employee always full of initiative. Working through lunch, staying late, starting early... all unpaid.

None of these are measures of engagement.

This was after I asked which process they were using for VR... which process, who was it concerning... and I'd turned down VR in the previous email to them.

There doesn’t need to be a process for a voluntary scheme.

Please spell out engagement.

The EASS said to ask those questions on VR and in doing so that's how I learned it was solely aimed at me.

[quote mummytippy]@Allispretty

Thank you for your advice.

Yes, I've worked for my employer 9 years and they are a medium sized company.
I have always worked hard and have been a loyal employee always full of initiative. Working through lunch, staying late, starting early... all unpaid.
I do feel now that I am being looked at like 'I need to pull my socks up/put on my big girl pants...' when I have had the most horrendous last 9 months with my father passing away too. Even then I still responded to works messages.

I was told by ACAS early on that they almost certainly had not exercised best practice when I was furloughed as they did not even contact me never mind put anything in writing so this contributed massively to me feeling insecure. They told me to raise a formal grievance but I didn't as I had so much going on with my Dad becoming ill and suddenly passing away. I did not want to bit the hand... now I just don't know what to do as the VR /Exit package was described as 'exploring whether I wanted to return', and were 'floating an idea'. This was after I asked which process they were using for VR... which process, who was it concerning... and I'd turned down VR in the previous email to them.

I want to reply first thing tomorrow.[/quote]

Ok op I've read most of the thread now, my assumption was that you had been sick much longer than 4 months for some reason. With regards to furlough and the discussions around the vr/settlement it hasn't been handled in the best way however this is separate to you returning to work. You are very fixated on wfh and I think you really need to realise this is a no go. What other adjustments are they willing to put in place or have already offered you? If they are willing to help you in some other way then you need to be willing to give these options a go otherwise your running the risk of dismissal based on capability.

Are you saying that they are not willing to support you in any other way in getting you back in the workplace or are you saying the only way I can come back to work is if I wfh? Do not be skewed by what a doctor is writing on a fit note, in the nicest way possible you will have influenced him anyway by saying you feel you need to be at home. The likely hood is op you will be much better off in the office than trying to deal with wfh, a child and getting back to grips with work after 9 months off and your employer will know this.

Yes, offering an exit deal for one employee who they want rid of is normal. Of course it’s aimed solely at you.

@TitsOot4Xmas

I have always worked hard and have been a loyal employee always full of initiative. Working through lunch, staying late, starting early... all unpaid.

None of these are measures of engagement.

This was after I asked which process they were using for VR... which process, who was it concerning... and I'd turned down VR in the previous email to them.

There doesn’t need to be a process for a voluntary scheme.

It sounds to me like someone who's worked hard for a business for many years and has lost motivation due to poor practices & management but that's me making assumptions like you are.

Of course there needs to be a process but the issue here is what the op was offered was never voluntary redundancy. In order for it to have been they would have discussed with any staff up for redundancy first then approached voluntary. The issue is this has been dealt with extremely poorly and vr should never have even been mentioned as they were offering a settlement. To have a "off the record" conversation with someone and then leave it for 2 weeks without bringing it up again is piss poor IMO