Being made redundant- not sure it's genuine

[Groupofone]

In a Teams meeting on Friday with my boss I was told that I was at risk of redundancy.

I'm the only person with my job title and was told I was in a unique role and therefore in a group of one.

I was assured it was nothing to do with my performance and was due to EBITDA being lower than target and a need to cut cost.

I have worked there for three and a half years. I came off the call to a WhatsApp from a colleague who reports to me and performs a similar role to say he had been "let go". He is based in a different country and is on a different contract type to me which means that he wouldn't be governed by UK employment law.

Although I have a different job title I have similar skills to others in my team who report to me and perform similar tasks.

This doesn't feel like a genuine redundancy to me. I think they want rid of me but can't sack me because in the words of my boss my performance has been "immaculate".

I've no doubt they could make something up to get me out but think this is the easiest way. They ousted my previous boss which led to a long dirty fight which has just ended in a settlement. Previous boss brought me into the business and I assume my loyalty is believed to lie with him, even though I have remained impartial and professional throughout.

I'm a single parent with a mortgage and at 55 am terrified of not being able to get another job.

I know there's no way to keep my job but how cAn I leverage the fact that I think this is actually an unfair dismissal into forcing them to give me a good settlement which will give me some breathing space to look for work?

From what you’ve posted - i can’t see why you’d doubt redundancy

Can you tell me why you say that @sugarandsweetener ?

I would think they would have to give selection criteria?

Although I'm in a pool of one I perform a similar role to the rest of my team and without me and the other colleague there is insufficient resource to cover the work and they will have to recruit.

I've looked on our hiring page and there's an undefined role with three applicants with a skill set for my team. Two are marked as "interviewed" . The role is set to "draft". Why would they be interviewing people with my team's skillset without informing me unless there's something underhand going on?

My understanding is that there has to b e an effort to redeploy or offer a similar role where possible.

It is difficult times at the moment and lots of places making redundancies…

i’m similar age and been out of work many, many months it’s extremely difficult to get a job at the moment…

hope he get some more insight as to what is going on OP

I'm the only person with my job title and was told I was in a unique role and therefore in a group of one.

It's the job which is being made redundant then, not the individual. Your colleague who has a similar role has been made redundant. I know it's really hard not to take it personally but if the company is restructuring and your role will cease to exist then your job is redundant, and therefore you no longer have a job.

There are rules about having to follow the process and offer you the chance to apply for vacancies etc. ACAS can give advice on what they should be doing.

Unfair dismissal is difficult to prove and the settlement amount is fixed. Think hard as to why the dismissal is unfair - if there is discrimination behind it, you may have a case.

They can't make the position redundant and recruit for it again within a reasonable period. Why do you think this is happening? However they could change the role or make one more junior. If there are any vacancies you should be offered the chance to apply. Unfortunately it is not up to you to judge whether the remaining resources will cope.

There might be a different reason entirely for marking other colleagues as 'interviewed' and it could be that they also have been told similar to you.

Since someone else has already been 'let go' I suspect that this is a genuine redundancy situation.

Have you looked on the Companies House website and checked the company's last set of figures? There may be clear signs that the business is not as profitable as it should be, or that there has been a change of directorships or the company has been bought out.

If you are put under risk of redundancy you should be given first dibs on any other suitable role.
If you are saying there are jobs currently that fit, I would say that loud and clear.

Yes, I'd certainly be probing as to why you haven't been offered a suitable alternative role, as it sounds like there are some available. You'd benefit from some employment law advice OP, I have clients in very similar circumstances all the time, and they very very often end up getting a settlement. You may well be offered one in time, but from an employer perspective, they're wise to start the redundancy process before offering one off the record (if that's what they intend to do). I know money is tight, but consider paying for an hour's advice with an employment lawyer 💐

@Groupofone as pp have said it’s the job role being made redundant as you are the only one in that role you are at risk.

However, you may be right that what they are doing is removing your job role and expanding the other roles which have a cross over. This could be seen as redundancy due to restructure. However, as you point out if there are vacancies with a strong overlap they should redeploy you.

You have options, the obvious one is to spend a lot of time and energy fighting it and looking for loopholes.

Another is to be very pragmatic and do a number of things - start looking for another job, it’s always easier to get a job when employed. If you can, try to work with the redundancy timeline so you get the pay off.

If any internal jobs come up apply for them, particularly if they do advertise a vacancy in the team you already have a cross over with.

Make sure you get everything in writing and make sure they follow policies etc. I would take screenshots of the hiring page - I assume you are legitimately allowed to view this. I would also be pointing it out to your manager with a if I am at risk why am I not able to apply for these jobs?

As a pp said be very visible in doing tasks for the other team.

Thank you for your replies.

Although I work in the private sector I joined a union several months ago and intend to call them tomorrow morning to discuss.

I think it's possible they will offer a settlement and if they know I have union representation behind me they are more likely to.

@ilovebrie8 I'm so sorry to hear that. This is my fear, that I won't get anything else.

I'm trying to think positively - I live in London so hopefully that widens the field. DD is now 14 so I don't need to think about childcare timings and could take an on-site job.

I've got skills but work in a fast paced sector and feel older and slower now.

Life is so expensive! We live quite modestly but are comfortable and it's hard to think everything I've worked so hard for could go up in smoke.

I agree OP I live in London but that’s a double edged sword so much competition and some jobs are just too far to travel…

I also work in a fairly fast paced job and feel am being left behind …it’s v scary!

I have applied for hundreds of jobs and getting nowhere it’s utterly soul destroying.

Whole career disappearing in a puff of smoke 😢I’ve only just got my HRT on track now this …it is so tough.

Good luck and keep us posted!

I had the at risk meeting on Friday and the next meeting is a few days away, supposedly it's the consultation meeting.

I've had texts and LinkedIn messages from colleagues and customers saying goodbye and it's clear they have been told I've already gone.

I accept they don't want my role anymore and have the right to make it redundant but they should at least follow their own process surely?

This may be little comfort but it is the post that is redundant not an individual, although the result is the same.

@Groupofone it is awful that everyone is being told before the process has been completed.

I am sorry that they are treating you so badly.

Thank you @Sisterpita . It does make a difficult situation more stressful and humiliating.

My only hope is that if they are circumventing the process so blatantly they might be induced to offer me a more generous settlement.

Are they though? Apart from prematurely announcing you are leaving they still seem to be following a process of consultation. .

What you should be able to discuss during the redundancy process if less than 20 people are made redundant:

• ways to avoid or reduce redundancies
• how people will be selected for redundancy
• any issues you have with the process
• time off to look for a new job or training
• how the organisation can restructure or plan for the future

They should definitely have told you about other roles they are recruiting for and encourage you to apply.

If they are already advertising jobs that cover your current responsibilities and if you were the only person selected in a team of people who do similar work it is rather dodgy.

Ask them all the questions you have in writing about selection and other roles.

It seems like if they told everyone else already and have not done the consultation process correctly you should definitely get legal advice.

Op, under uk law you can have a single person redundancy event. They obvs need to follow process and also consider you for other jobs of similar skill set. But id not say this is positive really. I’m sorry.

I’m not sure they are circumventing it. With single person redundancy there is no set min time for consultation.

what they are doing is breaching confidentiality, that’s very different.

also remember it’s the position being made redundant not, the individual, so you need to actually find out what’s been said.

Please make sure you tell them you wish to be considered for these roles, at your next meeting, they need to have a damn good reason for not giving you one, if you meet the skillset.

Although I have a different job title I have similar skills to others in my team who report to me and perform similar tasks

sorry op, are you the manager, and arguing you can do your direct lines jobs?

I am aware that it's possible to make one person redundant, I'm also aware that it's the role not the person in this instance that's being made redundant. I'm not being naive, but receiving texts/messages saying goodbye does indicate that the organisation has said I have been made redundant. I have been given no opportunity to explore vacancies and we haven't yet completed the process or agreed a departure date. They are treating the "at risk" meeting as if the redundancy is a done deal, that's my beef.

It's like announcing a desire to separate and then telling everyone you're divorced!

Anyway, it's a sensitive time and I'm probably just using this space to vent a bit. Awaiting a call back from my union.

Thanks for replies, I appreciate people are busy and it's kind to take an interest.

As other have said, you don't make people redundant but roles. However, if their are similar roles with similar t&cs then I would make it clear you wish to be redeployed. It is also reasonable to expect training needs to be met to move into one of these roles.

My company re-structured and my role was at risk of redundancy, however I was offered one of 3 roles.

ACAS had some really good resources that might be worth looking at.