On additional mat leave, will be made redundant w/o offer of (avail) alternative role

[dche6472]

Hi there

Hope you can help...

I've just been advised that my role will be 'eliminated' following a recent company merger.

The company is in the process of putting people at risk of redundancy into selection pools (for the remaining roles) and I have been advised that although I have the right skill set, I am not eligible to be included in the selection pool for my original role i.e. what I was originally recruited for in 07 and where all my work experience for the past 10+ years has been. Therefore it appears that they are automatically making me redundant, without offering me an alternative role (these are available) within the 'new' organisation. I understand from directgov that I should be offered an alternative role without needing to apply for it.

Can you please help on the following q's?:

1. Should the company offer me an alternative role, such as one of the roles that are available for my original position?

1. If they don't offer me an alternative role, should I expect an accceptable enhanced redundancy payment? If so, what's a good guesstimate?

Thanks!!!!

What is the reason they are giving you for not being eligible to be at least considered for these roles? How are they deciding that some people at risk of redundancy go into pools and others don't?!

Question 1, Assuming there indeed are roles available that are suitable for you, then yes they should offer you one.

There is no answer for question 2, because they should offer you a role. If there is one and they don't offer it to you and instead dismiss you, you then look at claiming unfair dismissal.

They said I'm not eligible for the available roles because it would be unfair to the people who have been put in those selection pools.

It sounds like I can go for unfair dismissal but I just wanted to check whether they, by law, had to offer me an available alternative role.

I don't know much about unfair dismissal but thanks for the lead...a little bit more research to do!

Thanks again flowerybeanbag
:D

But if they are putting 'people at risk of redundancy' into these pools, surely that includes you? You are a 'person at risk of redundancy' aren't you? I don't get why you are left out because of it being unfair to others, that doesn't make sense.

Anyway, if you are at risk of redundancy and there is a role suitable, they must offer it to you, so write to them pointing that out and see what happens.

You're right, I should be offered a suitable role but this hasn't happened. What HAS happened is that they've advised me that I am on provisional redundancy and I have 3 (!) working days in which to challenge this decision.

I've sent them an email (not my official response, but raising a few q's to them) and have quoted advice from ACAS and Direct Gov re. having to offer me a role if I am made redundant on maternity leave. I've also forwarded them the excerpt from the Equality and Human Rights Commission, suggesting that I will claim unfair dismissal if they make me redundant.

I'm concerned that they're interviewing for the suitable available roles and once they've finished that selection process, there will be no roles and I have no choice but to take redundancy.

Can anyone recommend a good solicitor who can help me respond to their letter re. provision redunancy? I'm going to try the CAB on Monday with bubby in tow but I don't want to put all my eggs in one basket

Thanks again everyone!

It sounds as though you have said all the right things to them. What do mean about putting your eggs in one basket? You don't have really any other options other than to clearly point out the law to them as you have done, and CAB will help you as well.

Once they've received your information about the legal position I would expect they'll stop everything to take some advice about whether that is correct (which it obviously is), and then will decide what to do and will respond to you accordingly. If they disagree, you should then see a solicitor.

Flowerbeanbag you've been a great help to me and I hope you can help with what's happening now.

They've acknowledged my rights under maternity and said that my redundancy is going to be deferred until the end of my maternity leave (end May) and it is at this point that they will look at suitable available alternatives. Can they do this? Seems unfair that I'm being made redundant at the same time as everyone else where (a) I'm not being offered the same re-employment opportunities as other people being made redundant and (b) there is a higher chance that suitable available alternatives won't be available at this time because everyone will be in their new roles.

It also throws out the option for me to look for other jobs right now i.e. I have to wait and see if something suitable comes up at the end of May. If so, I guess I stay but if not, I'll (at least) get redundancy and have to start afresh.

I guess I could ask to cut short my AML....

Arghhhhh!
Thanks again and hope you've got some pearls of wisdom.

In my opinion doing what they propose doesn't meet their obligations under the legislation. You are entitled to be offered a suitable position. There is one (or more) suitable position available, and they are not offering it/them to you. You are being denied the rights you have to preferential treatment and as you say, are being in fact disadvantaged as others are at least being given the opportunity to compete for posts which will not be there when your mat leave ends.