Redundancy

Simon_G_2

Not sure if this is the right place for this thread, but it's the closest I could find.

My Dad has had Epilepsy for around four years. As his job involves driving around, from client to client, for the last few years he's had to have a driver. He's fine the majority of the time, but has minor seizures (forgets what day it is etc) from time to time, his last being at the beginning of November, after a regular visit to see the specialist at the Hospital it was no great surprise that he can't drive again for another twelve months. After he returned to work informing them of the situation, about a day or so later they told him they were more than likely going to make him redundant, but would review the situation in a couple of weeks. Now I know times aren't great, and people are loosing they're jobs, but to me this just seems wrong. It could be a coincidence with the timing, and I can see why it would make financial sense to them, as they're effectively paying two people, whereas normally they'd only have one salary to cover. Obviously I'm going to be slightly biased, but it seems to me that they're just trying to sweep him under the carpet.

Just looking for some advice really, is this discrimination? Should they try and find an alternate job? As he's worked there four years, and wasn't the last through the door, shouldn't other people be considered for redundancy first? This has just come at really bad time, with it being the lead up to Christmas and all. Should be a really happy one this year!

Any advice is greatly appreciated.

Thanks
Simon

somebody_else

I'm not a nexpert, but this sounds like it could be a very serious breach of the Disability Discrimination Act to me. If your father is a Union member, I would suggest getting them involved pronto. His employers have a duty to look at alternative roles for him before they even consider doing anything else.

From my own experience, I know that they can't make him redundant unless they can prove that his job is no longer required. They certainly can't make your father redundant and then advertise/offer the job to someone else.

If your father isn't a union member, I would suggest taking legal advice as soon as possible.

Sorry, a rushed reply as I've got to go and do something else in a minute.

somebody_else

Oh, what they could do is use Capability procedures to dismiss him. They probably don't want to do this as it'll cost more than redundancy.

Emmzi

I think they shoild be looking at ill health retiral/ settlement. He is unfit to do the job, and there are no reasonable adjustmenst they can make?

mrcow

Simon_G wrote: »

Just looking for some advice really, is this discrimination? Should they try and find an alternate job? As he's worked there four years, and wasn't the last through the door, shouldn't other people be considered for redundancy first?

What does your Dad say? Are there other jobs that we could do acceptably within the company that would be of equal pay?

Rather than hitting the employer over the head, it would probably be better to try negotiation first, especially if he wants to continue working there. Have a think about what he'd like to propose (offering solutions rather than problems) and talk it through with them.

Having to force them to employ someone extra just so that he can perform a job function is not a reasonable option. It's not cost effective and tbh I'm surprised they agreed to it even in the short term.

When my OH was signed off from driving last year, he used his car allowance to use public transport instead. It was hard, but needs must and if you want to keep in work, then you have to be reasonable.

Simon_G_2

I actually forgot to mention this, and I'm not too sure of the details, but I believe that the drivers wages are covered by something like a disability benefit. My Dad also uses public transport, as he has a bus pass which he uses on the day I don't give him a lift to work.

somebody_else

mrcow wrote: »

Rather than hitting the employer over the head, it would probably be better to try negotiation first, especially if he wants to continue working there. Have a think about what he'd like to propose (offering solutions rather than problems) and talk it through with them.

Yes, but what the employers are trying to do right now is actually illegal. They cannot make Simon's father redundant unless the role is redundant.

I'm all for discussion and negotiation, but it doesn't actually sound like the employers have considered this either.

mrcow

somebody_else wrote: »

Yes, but what the employers are trying to do right now is actually illegal. They cannot make Simon's father redundant unless the role is redundant.

I'm all for discussion and negotiation, but it doesn't actually sound like the employers have considered this either.

I see nothing illegal in what they are doing. We've not been told that his role isn't being made redundant (unless I've mssed it somewhere?)

Simon_G_2

My Dad's job is actually as an Estimator for a Carpet Company, so he'll go to various clients, measure up and move onto the next. I believe in the past they've said he can't work in the shop as he's not a salesman. But after what must be around 30 years in the trade, I find it hard to believe that he'd be of no use at all.

Thanks again, for any further advice.

somebody_else

mrcow wrote: »

I see nothing illegal in what they are doing. We've not been told that his role isn't being made redundant (unless I've mssed it somewhere?)

And we've not been told that his role is being made redundant.

From what Simon says in later posts, I suspect that the company will still need an Estimator (it's going to be bluddy hard to continue running a business if they've not got someone to check out the measurements of the rooms that people are buying carpets for).

All I'm saying to Simon is that his father cannot legally be made redundant unless his company has decided that they no longer need someone in that role. And in order to stay inside the law, if it's decided that the role is redundant, it has to remain redundant for a minimum of 2 years. They can't say the role is redundant, make Simon's father redundant and 2 weeks later change their mind and advertise for a replacement. If that were to happen, Simon's father would have a very strong case for constructive dismissal.

mrcow

somebody_else wrote: »

And we've not been told that his role is being made redundant.

From what Simon says in later posts, I suspect that the company will still need an Estimator (it's going to be bluddy hard to continue running a business if they've not got someone to check out the measurements of the rooms that people are buying carpets for).

Perhaps they'll be amalgamating his role as estimator in with another role in the company? Who can say? They haven't even confirmed for sure that he's going to be made redundant yet!

All I'm saying is that being positive and perhaps coming up with alternative suggestions other than, "You can't do this to me!" is a much better idea if you want to continue working there.

I'm sure too with 30 years of experience within the industry, if they had any sense, they wouldn't want to let such an experienced employee go if there was a viable alternative.