Needing Advice On Unfair Dismissal

[GeorgeSmiley1969]

Was informed yesterday that my job is at risk of redundancy. This isn't part of a bigger exercise - my job is the only one at risk.

Reason given is financial performance of the business. We recorded a profit in month of July after 15 straight months of losses and have just secured a 24% price rise with our biggest customer. August is also likely to be profitable.

The tasks which I do will not disappear. I believe they will be shared among 3 of my colleagues who are employed by other legal entities in the group. The group is effectively run as a single economic entity. There is no word of putting the 4 of us in a pool and scoring us with the lowest scorer being made redundant.

I have 2 separate pieces of strong evidence that one of these colleagues has been prepped to take over my role which is at odds with the "no decision has been taken, we need to consult with you" story I have been given.

Real story is probably that my boss doesn't like me and that he waited until a Director with whom I had an excellent working relationship retired before punting me.

Will not be despondent to leave but would be keen to know how strong a case I have for unfair dismissal.

How long have you been there?

Have you talked to your union and what have they said?

If you're thinking of leaving anyway, isn't it best to go on redundancy terms?

Talk to your Union or ACAS, but if you're the only one employed by that legal entity, and the role won't be replaced, but absorbed into other roles, I can't really see what your case would be.

Have been in the job for 3 1/2 years. Think I have had 2 days off sick in that time and have a spotless disciplinary record. Family owned business which doesn't do appraisals or similar. Most senior staff are very long serving (20 years +) and there is very high staff turnover of people not in this bracket. There were 10 other people in office when I started and only 1 of them remains.

Have been in the job for 3 1/2 years. Think I have had 2 days off sick in that time and have a spotless disciplinary record. Family owned business which doesn't do appraisals or similar. Most senior staff are very long serving (20 years +) and there is very high staff turnover of people not in this bracket. There were 10 other people in office when I started and only 1 of them remains.

Left of their own accord?

You say you want to and plan to leave

so hope for redundancy

negotiate a good deal

Move on

1 retired
1 died
1 sacked
.1 left quietly after sexual harassment issues
5 left of own accord

Ok so I don’t see your point at all

either way…. You’re role is at risk of redundancy
it’s not unfair dismissal
and of course the company can train up other colleagues to absorb your role

It may be quite hard to prove, but if the redundancy process is not followed to the letter, and you believe that it’s a means to get you out, as opposed to a genuine redundancy, there may be an avenue to argue for an increased pay off. You’d need to consult Acas or an employment lawyer.

Some years ago I was in a similar situation. New (clueless) American boss didn’t like me, wanted to downgrade the role and relocate it to a cheaper geography. Lots of reasons why this was a mad idea. I put in a grievance, looked hard for a new job, ultimately grievance not wholly upheld, so redundancy process continued and I got an increased pay off. And walked into another better job.

If you’ve got different employers I’m not sure why you’d be put in a pool together?

If you’re keen to leave anyway then start job hunting and see it as leaving with a bonus.

Unfair dismissal is very hard to prove, and employment tribunals are slow, stressful, and expensive.

If you have legal advice included in your home insurance and really want to pursue the unfair dismissal route you could get advice from them, they may be able to help advise on a settlement agreement. Otherwise ACAS are free to contact.

among 3 of my colleagues who are employed by other legal entities in the group.

you aren’t colleagues. You have different employer.

The other employees aren’t making any redundancies

The OP’s employer…. Is

The colleagues in these "other legal entities" will take over my role.

Ergo, I believe that I ought to be included in a redundancy pool with these people as we all work for the same economic entity.

The redundancy plan has NOT been discussed by the Board of Directors of the legal entity which employs to me. This was advised by a Director of this legal entity who retired 13 days before I was advised my job was at risk of redundancy.

What do you mean be economic entity?

You’re being very unclear.

What do you mean by “economic entity”.

Why would the BOD discuss a single redundancy?

Unfair dismissal is difficult, and costly, to prove.

Companies can make redundancies. It happened every day. Just because your company is part of a bigger group, it doesn’t have to look at redundancies across all of that group.

so same “economic entity”
different “legal entity”

OP… this is all a little odd

but really.. I wouldn’t concern yourself. You’re at risk of redundancy
you plan to leave anyway
job hunt rather than mumsnet
secure as best package for redundancy as you can

and bin the “evidence” that others are being trained to absorb your role. Worthless.

The redundancy plan has NOT been discussed by the Board of Directors of the legal entity which employs to me. This was advised by a Director of this legal entity who retired 13 days before I was advised my job was at risk of redundancy.

come again?