We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Using redundancy to dismiss me!!

Hello,

I have a problem at work as I believe that redundancy will be used as a way of dismissing me.

The reason for this is the sale manager was dismissed in the same way. Work has been taken away from me without any notice and a new manager is coming in soon. I have tried to resolve the matter informally last year but nothing has changed.

I have spoken to a friend who went through the same thing and they told me I do not enough yet for constructive dismissal as I was not given a job description with my contract and suggest that the redundancy route would be easier to argue at a tribunal due to my company bungling the attempt to get rid of sales manager using the same method. They also argue that, as the role has not been advertised internally this can be used as bad practice.

Another option given is that they want me to challenge anything that affects my role and to keep a record of all conversations (which I have previously). They also want me to put in a grievance so that it can be argued that everything has happened because I raised a grievance, but am not sure as the grievance is with the manager who will deal with the process. Also if the grievance is not dealt with where will that leave me?
Is the entire above true?

Is redundancy the best option to argue my case as they need to prove that it was fair? This is of course the last option if I cannot find another job, which in the current market could prove difficult. Any advice would be great.

Comments

  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    How long have you worked there?
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • I have been at the company for 2.5 years
  • SueC_2
    SueC_2 Posts: 1,673 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Ask yourself which you would prefer to have to explain at an interview for a new job:

    a/ Having been made redundant from your last role, or
    b/ Having been dismissed from your last role.

    That's what should be motivating you, not which presents the best tribunal opportunities.

    Personally, I wouldn't really want a tribunal on my CV either. If the situation is really unresolvable, I'd negotiate as good a redundancy deal as possible and move on.
  • dickydonkin
    dickydonkin Posts: 3,055 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 11 April 2011 at 11:01PM
    SueC;42757234]Ask yourself which you would prefer to have to explain at an interview for a new job:

    a/ Having been made redundant from your last role, or
    b/ Having been dismissed from your last role.

    Personally, I wouldn't really want a tribunal on my CV either.


    Why would someone state on their CV that they took a former employer to tribunal?

    Irrespective of any redundancy being unfair or otherwise, all that needs to be placed on a CV (or stated at interview) that your previous position was made redundant.

    This is all hypothetical anyway as the OP has had no indication that her role is about to be made redundant but I can understand her concern nonetheless.
    I was not given a job description with my contract and suggest that the redundancy route would be easier to argue at a tribunal due to my company bungling the attempt to get rid of sales manager using the same method.

    But OP, your company is not making you redundant and whatever process they used to get rid of the sales manager (or tried to) is irrelevant unless it was proven to be unfair and they adopt the same process with you in any future redundancy situation (which they haven't as yet).

    I wonder who is offering you 'advice' on a situation that may not even exist and I cannot see anything in the post that is worthy of submitting a grievance either.

    Some of the advice you have received seems a bit iffy to me but I am sure someone will come along and hopefully offer a more positive or helpful prognosis of your situation than I have.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.4K Banking & Borrowing
  • 253.7K Reduce Debt & Boost Income
  • 454.4K Spending & Discounts
  • 245.4K Work, Benefits & Business
  • 601.2K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.