Very strange redundancy / constructive dismissal proceedings

Badger_Lady

OK, this has got much more complicated over the last month or so...

I tried to appeal the job, but the company was stalling - organising meetings "to explain their thought processes", when I was about to go on Christmas holidays and my old job would cease to exist on my return in January.

So, in desperation, I suggested that I could be job-share partner to someone who was redeployed on a part-time basis into what was advertised a full-time role. The employer agreed, and this week I started in my new role working 24 hours a week (instead of 35). It's a role I'm otherwise reasonably happy with... although we didn't specifically discuss it, I'm aware that such a change warrants a trial period of 4-12 weeks.

The job they were originally trying to force me into has still not been filled, and I've heard through a reliable grapevine that HR are trying to downgrade it before recruiting (in other words they don't think it requires someone at my level).

However, on Monday I did a 2nd interview externally (follow up from an interview back in November) and I've been pretty much offered the job - we're just waiting for signoff from a guy in India to make it official. The job's full-time, a promotion with payrise etc, working in a recession-proof business. Ideal, right?

So shortly (hopefully by the end of the day), I'll have an official job offer and I'll be looking to leave my current job. My question is: what's the best way to go about it?? My ideal would be to get the redundancy I feel I'm entitled to (because they removed my role and have been unable to offer me an equivalent). My payout would be £4,500 - small change to the employer but a massive difference to me. Have I got a chance??

poker_face

Badger_Lady wrote: »

OK, this has got much more complicated over the last month or so...

I tried to appeal the job, but the company was stalling - organising meetings "to explain their thought processes", when I was about to go on Christmas holidays and my old job would cease to exist on my return in January.

So, in desperation, I suggested that I could be job-share partner to someone who was redeployed on a part-time basis into what was advertised a full-time role. The employer agreed, and this week I started in my new role working 24 hours a week (instead of 35). It's a role I'm otherwise reasonably happy with... although we didn't specifically discuss it, I'm aware that such a change warrants a trial period of 4-12 weeks.

The job they were originally trying to force me into has still not been filled, and I've heard through a reliable grapevine that HR are trying to downgrade it before recruiting (in other words they don't think it requires someone at my level).

However, on Monday I did a 2nd interview externally (follow up from an interview back in November) and I've been pretty much offered the job - we're just waiting for signoff from a guy in India to make it official. The job's full-time, a promotion with payrise etc, working in a recession-proof business. Ideal, right?

So shortly (hopefully by the end of the day), I'll have an official job offer and I'll be looking to leave my current job. My question is: what's the best way to go about it?? My ideal would be to get the redundancy I feel I'm entitled to (because they removed my role and have been unable to offer me an equivalent). My payout would be £4,500 - small change to the employer but a massive difference to me. Have I got a chance??

If you have taken a a different job internally when redundancy's were being given out and you are now on a new contract, then I dont believe you are entitled to redundancy.

Badger_Lady

poker_face wrote: »

If you have taken a a different job internally when redundancy's were being given out and you are now on a new contract, then I dont believe you are entitled to redundancy.

Ah, but...

The new contract is on different terms (different working hours), and as such comes with a trial period. According to policy, if at the end of the trial period I'm not happy with the job, I can choose to leave and retain my redundancy rights.

The only complication is the rubbish full-time job they originally tried to place me in

pinkshoes

You could tell them this new job is not suitable for you (not enough hours/pay), so after giving it a try, you would now like to opt for the redundancy instead.

I think you can do this on the basis that your original job no longer exists, and they haven't been able to offer you a suitable similar alternative.

lonestar1

Did they say the job was a trial period basis or did you just accept the new job ?

Ask them if they could maybe offer you a compromise agreement whereby you agree not to discuss leaving the company

If any workmates ask you say you got fed up and left voluntarily

Badger_Lady

I just accepted it - was literally crying at my desk with stress by the time this "solution" was presented!

That might not be a bad idea, thanks lonestar. Presumably my leverage for this would be along the lines of "otherwise I could go to an employment tribunal and claim redundancy there". Would an employment tribunal award that much though, considering it's way above the statutory minimum?

CFC

You are only entitled to the statutory minimum, unless you are saying that your contract says different?

Badger_Lady

Yes, my contract does say different - an employment tribunal would enforce the contract then?

I ask because I've been there less than 2 years, so I don't think statutory would give me anything, whereas my contract gives £4,500.

zzzLazyDaisy

A tribunal would enforce the contract PROVIDING it was satisfied that the terms of the contract had been fulfilled.

Since you do not qualify for a statutory redundancy payment (apologies, I should have established this earlier) the question of 'suitable alternative employment' is no longer relevant as it applies only to consideration of entitlement to a STATUTORY redundancy payment. The same applies to the four week trial period.

This means that you must consider the terms of the contractual redundancy package very carefully, as those are the terms that will dictate whether you do in fact qualify for the contractual redundancy payment.

If you have found another, better, job, then there is a real prospect that the tribunal may decide the real reason for you leaving is not redundancy, but your wish to resign in order to take up the new post.

You really need to seek advice from ACAS or CAB about this

piggeh

Personally I'd expect the worst but hope for the best - go with your new job and enjoy it, but there's no harm in pursuing a case in the meanwhile. You can represent yourself and your current employer may decide it's not worth their hassle and try to come to a compromise in the meanwhile.

Although I would speak to ACAS on the best way forward..