Redundancy Help

Emmzi

fingers crossed for you

daisyf_2

keep us posted - you work hard for an employer and then they toss you aside just like that - one lesson I have learnt is less commitment to any work xxx

getmore4less

geordiepip wrote: »

Hi Emmzi,

I am leaning towards the trial period - however it is massively concerning that if they already view the role as 'suitable', that when I suggest it isnt they will just say tough - resign or continue in the role. I would mainly suggest the sales angle - i am not comfortable in pressuring people into buying products and services just to keep my manager off my back - not because the customer actually wants them. It isnt something i've ever done before and as I said in my last post, would never apply for a role involving sales.

Do you think this would be a suitable reason to end the trial?

The trial is both ways, is the job suitable for you, are you suitable for the job.
For you it is down to things like hours,location pay etc as well as the job.
for the employer it is can you do the job and meet the goals of the role.

Training is a good angle and if this cannot be provided in the normal trial periods then there is room for extended trials.

Make sure there are measurable goals for any new tasks and failing to meet them while trying would seem to be one way for the employer to admit the job is not suitable.

Ie: if you have sales targets and cannot meet them then the job cannot be suitable.

geordiepip

Thanks for your reply getmore4less,

I already know the job isnt suitable for me as it is a complete change the work I was doing. It is essentially a backwards step (career-wise) of 11 years service, starting back at the bottom of the ladder which I dont feel the company are justified in making me/forcing me to do.

The business are simply offering this role as it will save them some considerable amounts of redundancy pay outs for me and approx 10 other colleagues across our England offices rather than 'doing what is right' in giving us a choice. Afterall, I was in the same position 6 years ago with the same company and they treated me like a human being and had some compassion by allowing me to make the choice - I was given my quote for redundancy and also offered another role. I was therefore allowed to make a free choice to do what I wanted to do. This time around the business are forcing me into a corner and cranking up the pressure daily (with my boss constantly telling me 'You wont be offered redundancy' - how do they know when they are simply a messenger and doesnt have any influence over the final decisions made!!

I have had all my work taken off me now so feel very lonely at work (as I am the only person on my team in this situation) and like a spare part. Going to work is not enjoyable in the slightest at the moment which is a complete shame as I have given 11 years of hard work to this company.

Rumour has it a decision is going to be made this week. Let's see how much more prodding with a stick my company are going to do with me....

geordiepip

I have found out today I have a meeting with my managers boss on Thursday.

Just...need...to...stay...strong...

RuthnJasper

geordiepip wrote: »

I have found out today I have a meeting with my managers boss on Thursday.

Just...need...to...stay...strong...

I can't offer any pertinent advice, Geordiepip, I'm afraid - but I just wanted to say good luck for Thursday. Hope all goes well. x

geordiepip

An update...

just getting really depressed with the work situation. had all my work taken off me so spending all day doing very little. i know most people love skiving at work, but when you genuinely have nothing to do it is very demoralising.

our new regional manager was due to have an informal chat with me on thursday but he was in another meeting which lasted nearly all day. he came to see me 5 mins before the end of my day and in front of the team asked if everything was ok - did he really expect me to say no infront of everyone else. he offered to catch up by phone which i said i dont thinks really appropriate. he then said he wouldnt be able to see me next week so would be the week after.

its really getting to me not knowing whats going on. its affecting stuff at home as im getting very short in my temper with the kids and my wife as this whole thing keeps eating away at me. ive even started smoking again.

I dont know how much longer i can keep this going before i crack and either say something i shouldnt or just punch someone...

manofkent1

Hi geordiepip, Have also been given notice of redundancy and have also had all duties stripped and am sitting in an office alone with nothing work wise to do. Am using time to jobsearch and also using thier stationary and such, all whilst being paid!! I know its tuff but the wheels have to keep turning and you should calm down a little and put things into prospective. At the end of the day its clear that you want to move on and you should do it. I would concider walking out and claim constructive dismissal, due to all the stress and messing around they are putting you through. The end result could be the same however you will be free to move on and start to put things behind you.

This maybe wrong however I have been known to do the wrong thing and still come out on top.

Sorry if this is not welcome, its just my thoughts????

zzzLazyDaisy

manofkent1 wrote: »

. I would concider walking out and claim constructive dismissal, due to all the stress and messing around they are putting you through.

Please don't do this. For there to be a CD the employer must commit a fundamental breach of contract so bad that it ends the contract of employment and justifies the employee in leaving. It is very very unlikely that the employer's actions would be viewed as CD in this case, but in any event, in order to have any prospect of success in a CD case, the employee must first go through the employer's grievance procedure and give the employer chance to put things right, before resigning.

Having said that, it does seem that the employer is being less than efficient in the way they are dealing with this situation. The way forward, if you wish to push things, is to lodge a formal grievance. However, I think I would bide my time for the moment, and just keep banking the wages.

When you have the meeting, you need to make it clear that there is no work for you and it is clear that your position no longer exists and the company has been unable to offer you any suitable alternative position and therefore you are redundant, and ask them for details of the redundancy package.

If the alternative position is a demotion - or might reasonably be viewed as such, then it is less likely that it would be deemed to be suitable alternative employment, but even so, if they continue to be difficult, it is probably safer to accept the trial period and keep a very careful diary. You can then state very clearly all the aspects of the position which mean that it is not suitable. 4 weeks is the statutory trial period - at any time during that 4 weeks you are entitled to say that you do not consider the alternative position suitable alternative employment and you are entitled to leave at that point on the same terms as you would have done if you had been made redundant originally. Unless of course the employer wishes to argue that the post is suitable alternative employment and is prepared to see you in tribunal, but in that case you'd be in a stronger position (tho few employers will actually go that far).

One thing tho, if you go one day over the 4 week period (unless it is a statutory extension for training) then you lose your right to leave and claim redundancy. So if you are going to reject the job, make sure you get your timing right and don't let them drag things out so that you lose your rights.

geordiepip

well, my regional manager telephoned me to tell me he is coming to site on Thursday and the final decision has been made apparently.

He said I will get a letter prior to Thursday which will detail the situation and mention the potential for redundancy in it. He then said how do I feel about this. I said if its an option between going back on the phones or leaving then I am comfortable with leaving. He replied 'Good - we want to be sure we have made the right decision for people'.

I really dont want to get my hopes up but think it may go in my favour!!

He said I need to think of any questions I might have during this meeting. If it is redundancy, can I please have some thoughts on what questions I am supposed to be asking at this point???

My fingers are well and truly crossed...!