is this unfair dismissal?

snow_white_1

I work for a company which is expanding yet I have been made redundant. I was told casually in an informal meeting that they would employ and train somebody else to do my job. This meeting took place one month before my redundancy date. There was no consultation, no explanation to why I'd been selected and I haven't received a redundancy letter. I was bullied for a number of months within work and despite reporting this nothing was done. I started to get panic attacks as a result of this and yet still nothing was done. Eventually the bullying died down (about one month before the meeting regarding my redundancy) and everything was fine. A week after I had been told about my redundancy, I got a phonecall asking them if I would take my redundancy early as they were concerned for my mental wellbeing because of the stress I was under(???)and they would give me till the next day to think about it. I was actually on sick leave due to anxiety for 2 weeks at this time. I declined their offer and the following morning I was bombarded with text messages stating that if I continued to work the full redundancy term they would put strict deadlines on my work, strange considering they were the day before stating their concern. I cant help feeling discrimated against, it seems like they have pushed me out for no reason at all. I was also refused to go back into work during my notice period. Can anyone help???

SarEl

Whether the company is expanding or not doesn't matter - the only question is whether they followed a fair process of selection depending on the size of the company and the circumstances of the redundancy. What you allege but cannot prove - like conversations - is interesting but deniable. Equally, alleged bullying isn't relevant to a redundancy. But we have little detail here - not even how long you have worked for them or what happened and why you were made redundant. It feels that there is more to the story than you have explained.

snow_white_1

I worked there for 8 months as a manager, nothing happened and I wasn't told why I'd been selected. I had an excellent attendance record and no warnings. No one else was made redundant. They are employing at least 50 people to start work in September. I have since found out that they were advertising jobs internally whist I was there to which I was never informed about. Shouldn't they have offered me an alternative role?

leese2504

snow_white_1 wrote: »

I worked there for 8 months as a manager, nothing happened and I wasn't told why I'd been selected. I had an excellent attendance record and no warnings. No one else was made redundant. They are employing at least 50 people to start work in September. I have since found out that they were advertising jobs internally whist I was there to which I was never informed about. Shouldn't they have offered me an alternative role?

If I was you I would have a free consultation with an employment solicitor, keep any communication evidence and take it with you. ie text messages etc. doesnt sound like they have followed the correct route imo

clarkey3262

snow_white_1 wrote: »

I worked there for 8 months as a manager, nothing happened and I wasn't told why I'd been selected. I had an excellent attendance record and no warnings. No one else was made redundant. They are employing at least 50 people to start work in September. I have since found out that they were advertising jobs internally whist I was there to which I was never informed about. Shouldn't they have offered me an alternative role?

I am pretty sure (altho SarEl is best to confirm this with) that unless you have been with a company for 12 months then they can end your employment for any reason (except discrimination) and you can't take them to employment tribunal for it.

SarEl

leese2504 wrote: »

If I was you I would have a free consultation with an employment solicitor, keep any communication evidence and take it with you. ie text messages etc. doesnt sound like they have followed the correct route imo

I wouldn't bother. They won't let you in through the door. As has been mentioned - with 8 months service then you have no rights to claim unfair dismissal anyway. They could have delivered the redundancy notice via tap dancing elephants and this would have been ok in law. It sounds to me like the redundancy story was just a conveniently nice word to use for they no longer wanted to employ you. Sorry - you will have to move on.

snow_white_1

Can I ask what profession your in?

gordikin

snow_white_1 wrote: »

Can I ask what profession your in?

It doesn't matter, less than 12 months employment means your screwed redundancy wise...they can just 'let you go'. How do you reckon you've been discriminated against?

snow_white_1

My mental health. They watched and allowed me to get bullied for months. I've done some research and in some rare cases for unfair dismissal it doesn't matter how long you've worked there.

clarkey3262

snow_white_1 wrote: »

My mental health. They watched and allowed me to get bullied for months. I've done some research and in some rare cases for unfair dismissal it doesn't matter how long you've worked there.

Got a Doctors note regarding your health? Did you complain FORMALLY in writing (Not "I mentioned it to Jo in HR at lunch")? If no to either of these (plus others I am sure just none I can think of at present) then you are not going to get very far on that argument

snow_white_1

Yes, I did get a doctors note, also as I've been in counselling for the last 2 years all my work related problems are documented through her. I sent emails regarding the bullying, pulled together numerous formal work place meetings regarding this. Kept logs and meeting reports.