Dismissed on the grounds of redundancy
sadders
Posts: 20 Forumite
I work for the NHS and my position is being made redundant. I have been offered suitable alternative employment which I turned down for versions reasons that I outlined in my formal refusal.
Before I refused I asked for a meeting without predudice. I had two, the first with a senior manager and then with her superior. I was essentially told that they felt the offer was suitable and if I refused it I would be making myself unemployed. There would be no offer of redundancy.
I have just had a formal letter to invite me to a formal notice of redundancy meeting.
In the letter was the following sentence:
Regrettably, I must advise you that the outcome of this meeting is likely to be that you will be issued with formal notice of your dismissal on the grounds of redundancy.
What exactly does this mean? Will there be a formal redundancy with payment or am I just losing my job?
With thanks in advance.
Before I refused I asked for a meeting without predudice. I had two, the first with a senior manager and then with her superior. I was essentially told that they felt the offer was suitable and if I refused it I would be making myself unemployed. There would be no offer of redundancy.
I have just had a formal letter to invite me to a formal notice of redundancy meeting.
In the letter was the following sentence:
Regrettably, I must advise you that the outcome of this meeting is likely to be that you will be issued with formal notice of your dismissal on the grounds of redundancy.
What exactly does this mean? Will there be a formal redundancy with payment or am I just losing my job?
With thanks in advance.
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Comments
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That sounds like a standard letter, as that says they are the starting redundancy process for you?Indecision is the key to flexibility
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Are u in a union?
Why is the role not suitable?0 -
Redundancy and redundancy pay are two entirely different things. You can be dismissed on the basis of redundancy. That is a reason for dismissal. It does not entitle you to redundancy pay. That is a separate matter. If your employer says that you have unreasonably turned down an offer of suitable alternative employment, they can refuse redundancy pay, but you are still dismissed on the grounds of redundancy. If you disagree, your only option is a tribunal. Only they can determine whether your refusal was reasonable or not if you and the employer cannot agree.0
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What you’ve been told sounds pretty standard - redundancy payments are only given if there is no suitable alternative employment. As you’ve had a suitable offer and declined there will be no redundancy payment, although you will be made redundant/lose your job.0
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So an employer can offer you any SAE. It is their opinion as to its suitability. No experts of independent people involved. The employee though can only prove its lack of suitably through(a very expensive) tribunal?
Seems like the deck is loaded.0 -
You should make it clear in the meeting that you will still be looking for suitable alternatives during the notice period.
You should also still have the option to take the job they consider suitable on a 4 week trial.
That gives both sides time to reassess suitability.
If you still disagree you have the option to let an ET decide but worth saying why you think it is not suitable for opinion.
If that job has now gone they should pay out if nothing else suitable turns up.0 -
So an employer can offer you any SAE. It is their opinion as to its suitability. No experts of independent people involved. The employee though can only prove its lack of suitably through(a very expensive) tribunal?
Seems like the deck is loaded.
No, try answering my questions......0 -
One of the issues is that once I had been offered the job that I felt was unsuitable I went looking for an alternative. A job fell into my lap that I currently have a conditional offer for. It’s a lower grade but less travel and more similar to the work I have been doing.
At this point I expect no payment (despite my belief that I am entitled). As I can’t afford to go to tribunal I just want to negotiate a quick exit.0 -
As you said in your original postI have been offered suitable alternative employment which I turned down for versions reasons that I outlined in my formal refusal.
So they've tried to find you suitable employment but you turned it down , so the employer hasn't just found you any old job.0 -
As you said in your original post
So they've tried to find you suitable employment but you turned it down , so the employer hasn't just found you any old job.
It’s a job in the same profession (podiatry). I have always practiced minor surgery and worked with musculoskeletal conditions (23 years) I have a masters degree in that area. The job offered is in diabetic high risk. Lower grade but 3 years pay protection. Would require complete retraining. Stay or leave it will !!!!!! up my career. Within one profession it’s a completely opposite pathway.0
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