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Forced out in fake redundancy…help!

31 replies

Undertheoaks23 · 10/03/2025 16:34

First time poster, long time lurker. I need reassurance please! Ideally from posters experienced in HR or employment law, or who have been through a similar experience and come out the other side.

In brief, I told my employer that, following a fait accompli restructure, I would be raising a grievance for sex and age discrimination. I’m 50. I am very good at my job, which is senior and technical. I’m one of very few women in this team, and I’ve repeatedly watched younger men being promoted over me into new, unadvertised roles.

Private sector, large company, and I’ve been there for seven years.

Two weeks later, a second restructure was announced, making my role, and only my role, at risk. My work would, I was told, move to India. No job description for the Indian role had been written and I was told that it was not a direct replacement. They tried to hustle me into a without prejudice conversation, which I said that I wasn’t ready for: I know what that sort of conversation entails, and I wanted proper advice. I subsequently engaged a solicitor.

As soon as I raised the grievance, I was ‘frozen out’ of my work; my line manager started doing my work and arranging meetings with my team, excluding me, and without telling me. He stopped responding to e-mails from me.

The consultation process was conducted at high speed and was very stressful: the people conducting it were named in the grievance. It was obvious that they wanted me out of the door ASAP. My team and colleagues were aghast when they heard. The notes of the consultation meetings featured the other side’s unflattering view of me: I was described as ‘argumentative and stubborn’ in the notes, and as having ‘wasted their time’. I took my own notes and e-mailed them to my solicitor straight after each meeting.

The process was full of mistakes. I made a careful note of all of them: I’m not an engineer for nothing.

My solicitor contacted the business with a without prejudice offer, but the company’s counter offer was pathetic. They later raised it by a tiny amount. Then they decided to curtail the consultation without answering my questions and made me redundant by e-mail, with immediate effect.

Logically, I know that I’m in a strong position and I could certainly stand my ground at tribunal, but does anybody have any thoughts or experience that might help, please? I have this terrible sense of shame about what has happened, although I know that is silly. I am also worried that as a woman of 50 I will find it difficult to get a new role at an equivalent salary.

OP posts:
Yellowsubmarineunderthesea · 10/03/2025 22:48

I was being forced out of my dream job when I returned from maternity leave. I found a memo confirming my suspicions and I was adamant they weren't going to get away with it. I went on sick leave (stress) engaged a solicitor who advised me and took my case for constructive dismissal. It went all the way to the tribunal, two and half days of hearings. It was quite stressful, not least having to face them across the table. Winning the case was the icing on the cake but watching them squirm was my real victory tbh. They hired a big city based company of solicitors who had an attitude that you're small city whereas we're big city, but neither me nor my solicitors were intimidated by them.

It's not for the feint hearted, don't trust that they will fold before the hearing but if you feel you are right and want a fair hearing, go for it.

EmmaMaria · 11/03/2025 07:53

Undertheoaks23 · 10/03/2025 20:49

Thanks, and yes, I’m speaking to all the recruiters.

Just checking that I’ve understood you correctly: the trigger for a decent settlement was your employer engaging an employment law solicitor who knew what they were doing, and who advised your former employer not to pursue their weak case and to settle with you?

If so, that is heartening. I’m hoping that either that, or the ACAS early conciliation, will prompt them to fold. If not, I absolutely will go forward to tribunal.

Be aware that a settlement doesn't indicate that an employer has a weak case. It can (and often does) indicate that they have realised / been told that the cost of defending a case is going to exceed any settlement offer. That is important because it's a factor in your own strategy - you don't want to get low-balled, but push too high and they may decide to go to tribunal anyway. And when it comes to the law there is not such thing as a sure case - almost everyone going to a tribunal thinks they have a great case, but that doesn't mean they have or that they will win. Tribunals should be avoided unless you are left with no choice.

Do also factor in your own costs - they are very seldom covered by a tribunal - as solicitors are expensive, and may also want a barrister if it does go to tribunal.

Undertheoaks23 · 11/03/2025 07:58

Thanks for the input. Yes, I submitted a DSAR during what ended up being my last week, on my solicitor’s advice. I’m not looking forward to reading it, because it will likely contain some unpleasant stuff about me!

I think that I’ve found some interim work starting in April, so that will help to take my mind off the events of the last month.

OP posts:
Undertheoaks23 · 11/03/2025 08:10

Thanks @EmmaMaria . My former employer has a long history of ‘disappearing’ senior people and none of the cases ever get to tribunal. Their approach appears to be ambush the person with a crap settlement offer/dismiss if they say no/wait for the ex-employee to start the legal process/settle properly.

My solicitor has been clear that it’s all about the judge or judges you get on the day of the tribunal, but thinks that I am extremely likely to win if it gets that far. My former employer has nothing on me, which is why they went for fake redundancy rather than a trumped up disciplinary or PIP. I’m prepared for the cost, which will be less than the amount I stand to win.

OP posts:
EmmaMaria · 11/03/2025 11:29

Undertheoaks23 · 11/03/2025 08:10

Thanks @EmmaMaria . My former employer has a long history of ‘disappearing’ senior people and none of the cases ever get to tribunal. Their approach appears to be ambush the person with a crap settlement offer/dismiss if they say no/wait for the ex-employee to start the legal process/settle properly.

My solicitor has been clear that it’s all about the judge or judges you get on the day of the tribunal, but thinks that I am extremely likely to win if it gets that far. My former employer has nothing on me, which is why they went for fake redundancy rather than a trumped up disciplinary or PIP. I’m prepared for the cost, which will be less than the amount I stand to win.

Just be very cautious about that last sentence. Keep a very close eye on your legal costs. And the terms you have signed up to. I have seen far too many people "win" and still end up in debt to the lawyers...

HundredMilesAnHour · 11/03/2025 12:07

EmmaMaria · 11/03/2025 11:29

Just be very cautious about that last sentence. Keep a very close eye on your legal costs. And the terms you have signed up to. I have seen far too many people "win" and still end up in debt to the lawyers...

This is very good advice.

My former boss was brilliant (best person I have ever worked with - how I miss those days!) and consequently was considered a threat by certain Board members (long story). They dismissed him one night (we were told he was on leave then he mysteriously never came back) and he had a VERY strong case against them. I referred him to a partner in a top London employment law firm (who I’ve worked with in the past and is outstanding) and his advice was ultimately that it will cost him so much in legal fees (as the employer was American and known for throwing lawyers at any case) that even though he will probably win the case, the stress and costs he will accumulate on the way just didn’t make it worth it. Tough pill to swallow. My ex-employer were/are a very unpleasant company indeed and much as he wanted to give them an arse-kicking in court, sometimes for the sake of your own sanity it’s better to just close the book and walk away to make a fresh start rather than have the unpleasantness hanging over you for an extended period of time.

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