Unfair Dismissal?

LittleMissSee

I'm wondering if anyone can help me at all.

I was made redundant last week, even though there are 2 roles available that I can do and pay the same as my current (previous) job.

Basically they closed the section of the company I work in, and then started a new section, and the aim was to redeploy us all over there on similar salaries. We were told initially that our senior managers had earmarked us all for various roles, and all we had to do was email HR to apply. We didn't have to fill an application form or be interviewed.

A week later, the new manager emails us all meeting requests for a chat to discuss our skills, get to know us and see what we thought of the roles. She stressed this wasn't an interview. I went into mine, only to be faced with a 3 page set of interview questions, to which I hadn't prepared for! I told her the role they had earmarked me for, I would have this as my 2nd choice, and the other role available would be my preference, so she said she'd interview me for the other role.

The next day, I emailed her to confirm that I'd prefer the other role, but if I'd already been selected for the original role, then I'd do that and give it 100%.

She took us all into meetings to offer us jobs. I was taken into mine, and tle I had been unsuccessful, to which I presumed she'd offer me my 2nd choice, but she didn't she said that she wouldn't be offering it to me, and I was now redundant!

I've spoken to HR, and they said there was only 1 other role within the company I could apply for, which would mean a salary cut of a third, which I cannot afford. I asked if the other roles, which were the same salary as mine, would now be advertised and she said yes! She said that I wasn't able to apply for these, as in the manager's opinion, even though I had the capability to do the job, she felt my mental wellbeing had been affected by the process!!! She also twisted every answer to my questions in a negative way.

Am I right in thinking that if they have roles with similar conditions to the role they were making me redundant from, that they have to place me in this role, with a 4 week trial rather than making me redundnt?

Cheers

solarstone

Sounds like they're playing unfair to me. I had a similar situation about 4 years ago, and at the time I recall that an employer can't advertise the "same" position they make someone redundant from within a certain time period.

In your position I guess they could say it wasn't the same position you were made redundant from, but check here for your rights. Generally the more clued up you are and the more ammunition you have, the less they can get away with.

Good luck

greenwheels007

It sounds dodgy to me too but I have a plan!

If I were you I would accept the job, which is less pay, but at least it is work and you will stay in the company.
Then seek a meeting with the Head of HR and inform them very clearly of your intention to seek an employment tribunal with respect to your treatment. Do not tell them the details, save that until later.

Tell them that you want to see your personal file now and ask that someone goes through the file with you while you copy it and that they then confirm in writing that there are no other documents in the file.

Then ask whether there are any other documents that you have a right to see which are within the company that relate to your employment.
Take the copies and read them, check that the details are correct.

You may wish to consider taking a dictaphone in your pocket and record the conversation, you may even chose to put it on the desk in front of you!

I assume that the dust will have settled after the redundancies and that you may be the only person that has not gone along with the plan. The organisation may well consider it easier to have an 'internal review' than to risk going to an employment tribunal.

Complete a diary of events, lots of the info above is good stuff. record who you spoke to and when, what was said and who else was present.

Unless they are absolutely spot on with their practice, which is unlikely as redundancies are uncommon in recent years, then you may concern them enough to look at your situation again.

I must add that this is just my personal view, I am sure there are others

Good luck!

ceridwen

That could be an idea - what have you got to lose by doing it?

You are entitled to have a copy of your file legally - think its the Freedom of Information Act thats the relevant one to quote here?

The way they have treated you is pretty highhanded and immoral - good luck with dealing with this.

I presume you are in the union?

guyandzoe

Do not go to the new job. doing so may confirm you are satisfied with the new contract. Contact, say, CAB or ACAS 08457474747 (they are busy but keep trying). They all give free advice.

It sounds from what you have said that you have been dismissed unfairly. unless the employer goes thro a set procedure - the disciplinary and dismissal procedure then you are Automatically Unfairly Dismissed under section 98A of the Employment Rights Act 1996. You have not described that procedure here. You may also have been dimissed unfairly (actual unfair dismissal) under section 98(2). And they have confirmed you are capable of doing the other job(s); the manager is not a health professional and it is inappropriate to disallow you a job on the ground a manager gives an opinion on your future health.

Seek advice quickly since you may have been constructively dismissed. There may also be an element of discrimination which should be looked into by a professional adviser. The time limits for taking action before a tribunal are quite short. Act now.

You may also consider making a Grievance. Send a letter to your employer stating why you want to complain and ask for the statutory grievance procedure to be initiated. That is a first step to a tribunal and they might begin to take you sriously. But seek help NOW.

guyandzoe

Forgot to sat that ACAS, CAB, BERR, business liink all have heaps and heaps of advice on all employment issues and links elsewhere. A bit more involved is the emplaw website. There is loads of info out there.

lonestar1

Freedom of Information Act only applies to public info i.e. government councils etc
What you wnat is a Subject Access Request I think and its what you entitled to ask for under th data protection act they can charge a small fee for it though

RunnyBunny

My tip would be to do your research before taking any action. The statutory disciplinary and dismissal procedures as they currently stand are very easy for employers to slip up on, and if they do, your dismissal is automatically unfair. If you can make it clear to them exactly where they have gone wrong, you probably have a better chance of getting somewhere.

Being informed also means that the actions you take are as required by law: for example, a grievance letter has to meet certain criteria regarding its contents, and if you miss something out, any claim can fail at a later date. Also bear in mind that there are time limits for taking any action.

nzmegs

I seriously doubt they can make assumptions about your mental health and use that as a means to make your redundant. Where is their proof of that? Do you have evidence of them saying that?
I think that would be a good place to start as it sounsds to me like they are pulling excuses from anywhere. They could send you off sick if they think you are mentally ill, get you assessed by a doctor, but I don't think they can make you redundant for that reason.

sashacat

until recently I employed over 1000 people. I am now retired. This employer is not behaving REASONABLY....in the egal sense. Accept the lower paid job but tell them you are not happy to do so. Ask them to tell you, in writing, why you did not get the other job...and hope that they put in the rubbish about your mental health! Ask for your HR file and copy it....it's the data protection act.....when you ask for it, get it there and then, not the next day as they may well take stuff out. Tell them, when you have been given the other job, that you ar considering going to an employment tribunal in relation to the job you were refused. Don't be nasty about it, just tell them that you consider that you have ben unfairly treated. Ask how your manager assessed your mental well being, and what are his/her qualifications in mental health. Ask if the mental well being of other workers was considered.
Basically to make a post redundant an employer must consult, must have objective criteria for selecting candidates ( note the word "objective") and must apply those criteria " objectively". Mental well being is not an objective criteria and cannot be used.

ceridwen

Good post by sashacat...well worth taking note of. The more I think about it - the more I personally would be SEVERELY tempted to go totally ballistic at the suggestion your employers have made that you are not quite "sorted" mentally. But you must resist the temptation at all costs to throw "40 fits" about it - though you would be VERY well justified at doing so. How dare they try to imply you are not quite "sorted" mentally? I would be absolutely furious in your position by such implications - but IGNORE IT - you absolutely must ignore these sort of implications - that is vital. I have the feeling such implications are par for the course in these circumstances - so dont take any notice of them (its just one of the tactics employers use - voice of experience time - I have "told employers off" for breaking the law even - and the response has been to accuse me of being mentally unstable!!!!!!!! WHAT!!!!!). So - dont take comments like that personally - just think to yourself "Hmmm....they're sinking pretty low here...to throw comments like that around".