unethical behaviour from employer on redundancy

greenflamingo_2

Hi All
Hoping someone can help me with this one - try to keep it short.

Basically I have worked for my employer for 12 years. I accidentally discovered a document discussing making me redundant (during the course of my work) and was very shocked. Basically it sets out a time line for notifying me about the redundancy, then I have several weeks of consultation with my employer to discuss alternatives, then opportunity to appeal, then I am made redundant. The document discusses possible questions I may ask and sets down answers that my line manager must say in response. It then goes on to plan who is going to do my job and how it will be split between two other people in the department (including asking the part time person to extend her hours and also to undertake training in order to carry out the major parts of my job). It then discusses a variety of roles available I could be offered but decides I am over qualified or do not have the relevant skills for the roles. During the period the document was dated and the present date a new person with less skills and qualifications than myself and earning less money was employed at our sister company in France. Originally on a 6 months probationary basis doing a similar role as myself and indeed will also be doing part of my role remotely. This role was made permanent 3 weeks ago. This role was not discussed in the document even though several times prior to the employment of this person I had expressed an interest in it (of course the company would need to pay relocation expenses). I am the only person to be made redundant and I am also 5 months pregnant, though I must say that the document was dated prior to pregnancy but the timeline starts from August 2008 to dismiss me and it is quite clear that the company intend to save money on my salary by asking others to take on training and work longer hours. Yet it says my role has diminished which is utter rubbish.

Yearly reviews of everyones role are carried out and mine have always been good and no issues. To say I am gutted is an understatement as I have always worked hard and tried to progress well in my role and feel totally betrayed by unethical and unprofessional behaviour from my employer. Have I any grounds for unfair dismissal and what should I do?

Shazmar_2

You have been lucky enough to be forewarned of an upcoming situation. Join a union now as most will not deal with a situation that has begun before you've joined. It seems what you have stumbled upon is probably a standard procedure for redundancy, ie consultation periods required etc. However usually there is a set criteria to be followed. A union will be able to help you ensure that these procedures are followed and indeed make sure that you are the right person to be made redundant. As for unfair dismissal a union will be able to advise you on this as well. The GMB is a general union if you do not have your own professional body. Your employer does not need to know you are a member of a union. That is until you call them in, which if your workplace is non unionised tends to send the employer into shock.

standupguy

I agree with Shazmar - join a union now at £9.50 per month for a subscription to a union such as Unite it is more than worth the money, a great insurance policy to have and great knowledgable people to have by your side.

From what you say this a well thought out plan on your employers part but it clearly leads to your redundancy so it is pre-judged and therefore not fair.

If you took a copy of what you saw all the better.

People are not made redundant it is the job that is made redundant as work has diminished and from what you say the work has not diminished.

If your job is to be split between other people then it may be that a selection procedure should be used and their names should be brought into the frame? - after all you could undertake training to do the part of their jobs that you do not do at the moment.

If you say nothing then you know how this is going to pan out and what the result will be.

It may be worthwhile putting down a marker for yourself that you can rely on in the future by raising a complaint under your company's grievance procedure making them aware that you know about their plans to make you redundant and that it is all pre-judged with a set timeline and therefore unfair.

Incisor

standupguy wrote: »

... It may be worthwhile putting down a marker for yourself that you can rely on in the future by raising a complaint under your company's grievance procedure making them aware that you know about their plans to make you redundant and that it is all pre-judged with a set timeline and therefore unfair.

On the other hand it might be worth keeping your powder dry for later. If you don't reveal you know and you go to tribunal and you get legal discovery, a copy of this document could be very useful if they don't hand it over.

Think long and hard about how you want to play this. In your position, I would edit out a few of the details in the first post too.

Zazen999

Hi

You have printed this out - or saved a copy onto a pen drive for future reference - yes???

Marsh_Samphire

They are splitting your work between 2 others and have also taken someone else on (in France) to cover your work, so as said already, if the amount of work has not reduced then there is no redundancy.

Being totally cynical here - you say the document is dated prior to pregnancy - could/would your employer have backdated it deliberately to make it look as if they were discussing it before they knew about your pregnancy? The whole thing looks to me as if they want to get out of paying you maternity leave and having to keep your job for you to come back to.

greenflamingo_2

Yes I am a member of unite/Amicus - I did ring the area union rep when I found out what was going on and was told to collect as much information as possible (which of course I have done) in case this led to an employment tribunal.

If anyone else has suggestions/information to help me please feel free to contribute.

bettyspaghetti

Hi there
M 1st post so sorry in advance if i make any silly errors!
1stly congrats on pregnancy = your major priority and a great reason for staying as positive as possible. Try to view your unfortunate find as having now put you in an advantaged situation. Build up evidence, keep it safe & organised & sit tight, see what happens next. Your employer may be just about to fall into a big hole, after all they've already been careless enough to leave a sensitive document around!
You said their written discussion considered offering a part timer more hours AND training in order for them to be able to complete major aspects of your role. This could be VERY strong evidence to strengthen any future appeal especially as u mentioned they'd also discussed potential roles they would offer & reasons why these wouldn't be suitable ie over qualified or not having relevant skills for other options. They would offer necessary training to part timer then why not 2 u for other roles? Sounds pretty unfair to me!!!
Good luck! Stay positive.