Very strange redundancy / constructive dismissal proceedings

Badger_Lady

Blimey - my new employer really took their time! Just offered me the job today

So I've called ACAS and explained the situation to them... the chap said it sounds fairly cut and dry - they displaced me, put me into an unsuitable alternative (part-time), I've done the trial period and I'm not happy with it, so I can now request redundancy.

I did ask how I would go about getting a decision from an industrial tribunal if my employer doesn't comply, but they suggested I just exhaust the internal processes before thinking about that.

So tomorrow I'll get hold of my old Director with a written letter along the lines of:

Following my displacement from the full-time role of XXXXX, and subsequent redeployment into the part-time role of XXXXX, I have now completed a trial period of 4 weeks and conclude that this is not a suitable position for me.

I have talked this through with my line manager and she understands that, although the type of work is appropriate, my new working hours are not and I would prefer to seek full-time employment once again.

I therefore relinquish this position without sacrificing my rights, and request that we can proceed with redundancy as swiftly as possible.

Regards,
Badger

jobbingmusician

This would be a stronger letter if you simply omitted the middle paragraph. This central para almost gives away the fact that you have a new job - why tell them this?

Badger_Lady

Thanks!

I've now re-written it completely... will wait until Thursday, which is the end of my 4th week and I have a meeting booked with my manager anyway:

Dear Manager,

Following my displacement from my full-time role as XXXX Manager in the X team, and subsequent redeployment into the part-time role of XXXX Manager in your X team, I have now completed my four-week trial.

To clarify, below is an extract from the Staff Manual 1.11 Job securityregarding trials:

What is the trial period?
The purpose of the trial is to ensure you are given full induction training and support. It will usually be for a period of four weeks, but may be extended to a maximum of 12 weeks if significant retraining is required. If everything is satisfactory at the end of the period, you will then be confirmed in your new role.

What happens at the end of the trial?
If the role is very different from your previous one, and is not deemed to be a suitable alternative [(for example change in contractual hours)], you may still have agreed to try it out. In such cases, if you decide that you don’t wish to remain in the role after the trial, you will not lose your entitlement to a redundancy payment. However, the Bank will of course continue to look for a suitable position for you in the meantime.

Having completed my four-week trial, I do not wish to remain in my new role. A combination of stress during the redeployment process and naivety of my own expectations led me to accept this role, but I now realise my mistake and would prefer to make myself available for full-time work elsewhere.

I thank you for the help and support you’ve shown me and am genuinely sorry that this hasn’t worked out as planned. I hope that we can move forward as quickly as possible.

Yours,
Badger

I've also just heard that the role I was disputing in December has now been offered to someone else - so at least that's off the table now...

Badger_Lady

OK, dramatic day today!

After I sent the letter above, I was told that:
- I wasn't entitled to a trial period because I hadn't specifically asked for one (although ACAS say you're automatically entitled)
- They consider the role to be a "suitable alternative" even though it's reduced hours
- To dispute both of the above, I would have to request an appeal. I did this, and was told it would be heard within 28 days but that I should continue to cover the part-time role in the meantime.

So for the last 4.5 weeks I've carried on as normal, with no update. In the meantime, I had a formal offer of employment from the new place and signed a contract with start date TBC (but they wanted me ASAP).

This week, I emailed everyone at work to say their 28 days were passed an no appeal had been scheduled, so as far as I could tell I was no longer obliged to cover the role and I would be starting my new job from next week.

Their reply was that they have now scheduled the appeal for 24th March and that I should wait for this, or confirm that I wish to resign with immediate effect, relinquishing my right to severence payment. They also said that they would consider me to be in breach of contract.

After some thought and advice, I replied that I was indeed resigning with immediate effect but that I considered it constructive dismissal. I said that I intend to persue it as such, understanding that they may also wish to persue civil action against me.

Then I handed everything over to a colleague and walked out.

:eek: