Do I have an unfair dismissal case?
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RainbowLily
Posts: 11 Forumite
Hi All,
I'm after a bit of advice if I could please.
I've been made redundant - well my job title has, although I was not doing the role of the job title. My role has changed, but they never changed the title to go along with that. They suggested in Feb this year it should change, but never has.
I was offered another role in the company as part of the consultation, but I've been allowed flexible working in the past, as I live 3 hours from the office. The role offered said I had to be in the office more, and the cost to do that was too great.
The job they offered me was the role I've been currently doing, with one addition to it. Now I've turned it down, its gone to market.
This in my opinion isn't the way redundancy works.
Have I missed something, or are they not quite playing fairly?
Thank you!
I'm after a bit of advice if I could please.
I've been made redundant - well my job title has, although I was not doing the role of the job title. My role has changed, but they never changed the title to go along with that. They suggested in Feb this year it should change, but never has.
I was offered another role in the company as part of the consultation, but I've been allowed flexible working in the past, as I live 3 hours from the office. The role offered said I had to be in the office more, and the cost to do that was too great.
The job they offered me was the role I've been currently doing, with one addition to it. Now I've turned it down, its gone to market.
This in my opinion isn't the way redundancy works.
Have I missed something, or are they not quite playing fairly?
Thank you!
0
Comments
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RainbowLily wrote: »Hi All,
I'm after a bit of advice if I could please.
I've been made redundant - well my job title has, although I was not doing the role of the job title.
So how did you end up being made redundant ? did they simply say 'we have no more need of job title x' or was there some sort of scoring system from a pool of people with similar roles ?RainbowLily wrote: »I was offered another role in the company as part of the consultation, but I've been allowed flexible working in the past, as I live 3 hours from the office.
Contraactually agreed flexible working, or simply a manager giving you an unofficial nod that you could work from home from time to time ?0 -
Thank you for your reply.p00hsticks wrote: »So how did you end up being made redundant ? did they simply say 'we have no more need of job title x' or was there some sort of scoring system from a pool of people with similar roles ?
No more need for job title x (although I stopped actually doing that role about 1.5 years ago, and I have colleagues in other regions with the same job title, who aren't being made redundant).p00hsticks wrote: »Contraactually agreed flexible working, or simply a manager giving you an unofficial nod that you could work from home from time to time ?
In our employee benefits package, it states we can have flexible working. I do 2 days in the office & 3 from home. Another girl in the office does the same, and there's others that do 3 in the office & 2 from home - albeit, I was a department of one.0 -
there was a buisness restructure, the role that you had been doing (but not recently) was going and you was offered a new role this was made up of the role that you had recently done (but did not have the title for) plus additional duties. You declined this role. so what is unfair? you have made yourself redundant by declining the role.
The company is not obliged to keep you on flexable working as it is not their decision that you live 3 hours from the office.0 -
RainbowLily wrote: »Thank you for your reply.
No more need for job title x (although I stopped actually doing that role about 1.5 years ago, and I have colleagues in other regions with the same job title, who aren't being made redundant).
The situation in other locations don't matter, redundancy is a role no longer required in your current locationRainbowLily wrote: »In our employee benefits package, it states we can have flexible working. I do 2 days in the office & 3 from home. Another girl in the office does the same, and there's others that do 3 in the office & 2 from home - albeit, I was a department of one.
so the role with this benefit is now redundant as they need someone who is in the office more? You were offered that new office based role but turned it down?0 -
Your first argument is you are not redundant as you were not doing the role that is no longer needed, was anyone actually doing that role?
if no one was doing that role then your dismissal can not be attributed directly to that work ceasing as you are already doing other work.
You could suggest/argue that that job was redundant 1.5 years ago and you already have a suitable alternative, the job you are doing..
Now it comes down to the work you are doing, they seem to be saying that job no longer exists in it's current form, but is available as a potentially suitable alternative with extra duties and more work from the office.
They could argue that that is a suitable alternative and not pay redundancy as you have resigned.
they may not but if they do you will need to build a case for why it is not suitable.0 -
ssparks2003 wrote: »there was a buisness restructure, the role that you had been doing (but not recently) was going and you was offered a new role this was made up of the role that you had recently done (but did not have the title for) plus additional duties. You declined this role. so what is unfair? you have made yourself redundant by declining the role.
The company is not obliged to keep you on flexable working as it is not their decision that you live 3 hours from the office.
I just feel the role they made redundant is not the role I was doing - therefore they are not acting within the law. This is where I'm asking for help. If its all above board, then thats fine.
If other people are willing to take a job where a minimum of £15,000 of their annual wage goes on travel and accommodation - then that's fantastic - I can't afford that much of my wage going on travel, which is why I had to turn down the role.martinsurrey wrote: »The situation in other locations don't matter, redundancy is a role no longer required in your current location
Does that count even when our other regions are structured on the HQ - which is where I work?
so the role with this benefit is now redundant as they need someone who is in the office more? You were offered that new office based role but turned it down?getmore4less wrote: »Your first argument is you are not redundant as you were not doing the role that is no longer needed, was anyone actually doing that role?getmore4less wrote: »if no one was doing that role then your dismissal can not be attributed directly to that work ceasing as you are already doing other work.
You could suggest/argue that that job was redundant 1.5 years ago and you already have a suitable alternative, the job you are doing..
Now it comes down to the work you are doing, they seem to be saying that job no longer exists in it's current form, but is available as a potentially suitable alternative with extra duties and more work from the office.
They could argue that that is a suitable alternative and not pay redundancy as you have resigned.
they may not but if they do you will need to build a case for why it is not suitable.
Thank you. I thought that - but they have offered me the payout even though I've turned the job down.
The reason I'm asking on here is because I don't want to risk rocking the boat if they can take that away, although I've had it offered in writing, but at the same time, I feel lie I've been managed out of the company, and that, I feel is unfair.0 -
Does look a bit off.
Might be a bit late to change tack now unless you really want to try to stay.
Often a good strategy in these situations is to go with flow taking the new position on the trial basis(4 weeks) it extends the consultation period and gives extra time to work on the case you don't need to be in the office.
Also avoids the overlap where they get time to hire while you still do the job.
Still risks the payout but unless that is good you manage yourself out.0
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