grievance - what can I ask for??

elsien

With regard to the points you raise, they may not have followed procedure in answering your letter, but I really can't see that warranting cash compensation at any point given the circumstances since.
If people know the job is being advertised externally, then they get hold of the external advert and apply, or ask their manager/HR - it doesn't stop internal candidates applying just doesn't spoonfeed them the information.
And I don't blame them for now trying to cover their backsides with regard to your redundancy, given that you do seem to be looking for extra money off them at some point, from the information you've given here and the title of your post.

If you think you have a genuine case, ACAS is your best bet, as other posters have said. If you have a grievance and want it addressing, then put it in. Just don't expect it to change a huge amount. If they're making people redundant and closing the office, it may well be that some of the other stuff such as your maternity leave has fallen by the wayside a bit, so you might need to go back and ask them again.

SueC_2

wheretogonow wrote: »

Thanks for the replies.

I don’t think I am being clear.

I don’t have an issue with it being refused. The issue I have is I submitted this application 3 months ago and never received as much as an acknowledgement letter. When I handed my form in my line manager said she was sure she would find us something.

This isn’t the only issue I have. When I was told I was being made redundant this was fine, I expected it!!! During my first consultation I was asked if I wanted to take my redundancy before or after my Mat Leave as I need the money to see me through living on Stat mat leave.

I then brought up the following issues

1. Flexible working form never answered (not following policy & procedures)
2. Job vacancy advertised externally only (company policy not followed) this stopped several people getting the chance to apply for the position

Due to me raising these issues during my consultation meeting - I was then pulled in to the office and told I would not be made redundant until the end of my mat leave - which they know I don’t want (supposedly to protect themselves)

Oh and to top it off I have just noticed that my Mat leave has never been approved yet!!!

You are clearly upset, and understandably so - you are heavily pregnant and facing an uncertain financial future.

Nevertheless, each of your grievances has been completely superceded by events.

Even if they had responded to your flexible working request within a day of you issuing it, it wouldn't matter now - the role is redundant, the office will be closed, there will be no working, flexible or otherwise.

Even if the advert had been placed internally as well as externally, it wouldn't matter now - the role is redundant, the office will be closed, there will be no-one doing that work, not an internal recruit or an external recruit.

I really think you need to take a deep breath and concentrate on the important issues - taking care of you and your baby. Pick your battles - you're flogging a dead horse with this one.

wheretogonow

SueC wrote: »

You are clearly upset, and understandably so - you are heavily pregnant and facing an uncertain financial future.

Nevertheless, each of your grievances has been completely superceded by events.

Even if they had responded to your flexible working request within a day of you issuing it, it wouldn't matter now - the role is redundant, the office will be closed, there will be no working, flexible or otherwise.

Even if the advert had been placed internally as well as externally, it wouldn't matter now - the role is redundant, the office will be closed, there will be no-one doing that work, not an internal recruit or an external recruit.

I really think you need to take a deep breath and concentrate on the important issues - taking care of you and your baby. Pick your battles - you're flogging a dead horse with this one.

I think you are right!!!

With regards to the job not being advertised - that job still exisits - it was done so sneaky - our regional office is shutting with a new one opening elsewhere - my dept is moving from scotland down south but other dept are staying in scotland (just moving premises) No one in the entire office knew of this vacany. One of the girls that was temping was "asked" to apply for the position. Everyone in the office only found out the day of the interviews as she came in done up. A couple of the girls who were at risk of redundancy at the time came out and asked if we knew the vacancy existed, because our departement handles all the internal vacancies. We then checked online and found out the position had been advertised externally for 2 days only!! The temp and one other person was interviewed - the temp got it!!

Just felt it was done very sneakly!!!

I want to forget about this but just feel it is unfair - when we were told the office was shutting in November we were told our dept would probably moved to another office in scotland. My line manager said if we were made redundant then we would be "seen right" Belive me this hasnt happened!!!

Anyway - rant over. Thanks for all your advice

getmore4less

The job has gone so you are redundant.

I think you need to focus on what you want to happen and get the best payout overall.

Work out the payments and income for the various options

Getting made redundant now(ish) or after maternity.

What would the different income/benifits be

What is happening to the accrued holidays are having to take them before mat or will they gat paid in lieu after.

What the service for redundancy and notice if you terminate after or before mat do you get another year?

Is there PILON.

It could be that the total you get if you leave it to after may be more than before but the cash flow may be an issue if income is lower.

terra_ferma

wheretogonow wrote: »

I think you are right!!!

With regards to the job not being advertised - that job still exisits - it was done so sneaky - our regional office is shutting with a new one opening elsewhere - my dept is moving from scotland down south but other dept are staying in scotland (just moving premises) No one in the entire office knew of this vacany. One of the girls that was temping was "asked" to apply for the position. Everyone in the office only found out the day of the interviews as she came in done up. A couple of the girls who were at risk of redundancy at the time came out and asked if we knew the vacancy existed, because our departement handles all the internal vacancies. We then checked online and found out the position had been advertised externally for 2 days only!! The temp and one other person was interviewed - the temp got it!!

Just felt it was done very sneakly!!!

I want to forget about this but just feel it is unfair - when we were told the office was shutting in November we were told our dept would probably moved to another office in scotland. My line manager said if we were made redundant then we would be "seen right" Belive me this hasnt happened!!!

Anyway - rant over. Thanks for all your advice

If you feel that if you had been given the opportunity to apply for that job you had good changes to get it, you may have some ground.
But you would still not be entitled to compensation at this stage, not through a grievance.

Unless what you mean is a compromise agreement, basically they would pay you some money if you agree not to take further action.
Again, it would not be part of a grievance, although it could be instigated by a grievance.

Not likely to get much out of it unless discrimination is involved. In this case unlikely as everyone was treated the same, unless you were the only candidate with good chances of getting the job and you can proof you were discriminated against because of pregnancy/race/disability/age etc etc.

I'm not an expert, the redundancy situation may make a differece, you need to get proper advice on this.

mountainofdebt

I think that they can make you redunant whilst you are still on maternity leave, at any point. However if they do they have to pay you all the maternity pay that you would have been due had you taken all the time that was due to you (if that makes sense).

bigbill

Its a very risky thing to make a woman on maternity leave redundant, as they must be able to return to their original job.

If as you say they have employed anyone new or are moving others to another office you should have been given the first refusal of these jobs.

If you are unable to get any resolution I would submit an ET1 and take it to tribunal.

terra_ferma

bigbill wrote: »

If as you say they have employed anyone new or are moving others to another office you should have been given the first refusal of these jobs.

Is this a legal requirement, or recommended good practice? (would be useful to know as I'm not an expert on redundancy, it's a complex area).

bigbill

Taken from ACAS web site

"During the 26 weeks' ordinary maternity leave (plus optional 26 weeks additional maternity leave), you are entitled to benefit from all your normal terms and conditions of employment, except for remuneration (monetary wages or salary). You can also do up to 10 days' work during your maternity leave without losing any Statutory Maternity Pay. Your employer should agree payment with you for the time worked.

At the end of maternity leave, you have the right to return to your original job. If a redundancy situation arises, you must be offered a suitable alternative vacancy if one is available. If your employer cannot offer suitable alternative work, you may be entitled to redundancy pay."

Googlewhacker

bigbill wrote: »

Taken from ACAS web site

"During the 26 weeks' ordinary maternity leave (plus optional 26 weeks additional maternity leave), you are entitled to benefit from all your normal terms and conditions of employment, except for remuneration (monetary wages or salary). You can also do up to 10 days' work during your maternity leave without losing any Statutory Maternity Pay. Your employer should agree payment with you for the time worked.

At the end of maternity leave, you have the right to return to your original job. If a redundancy situation arises, you must be offered a suitable alternative vacancy if one is available. If your employer cannot offer suitable alternative work, you may be entitled to redundancy pay."

The key word here is suitable, for example someone doing Admin at a school could not go into a teaching role but they could do say data input.