Refusing Suitable Alternative advice

ILW

ohreally wrote: »

Perhaps katslater is suggesting due to previous events the relationship between the parties has deteriorated to the position where it has irretrievably broken down and she feels the situation is untenable from a personal perspective.

I would have thought that you turn up, do your job and the employer pays you the agreed amount of money was the deal. to my knowledge there is nothing in employment law that says you have to like each other.

unholyangel

ILW wrote: »

I would have thought that you turn up, do your job and the employer pays you the agreed amount of money was the deal. to my knowledge there is nothing in employment law that says you have to like each other.

No but in every relationship (especially one of employment) there is a "duty of care".

If the employers have indeed acted in an overly aggressive/threatening manner then they have breached this duty of care. They have a duty to maintain and uphold a relationship of trust (as does the employee). I speak from personal experience when i say being threatened and bullied by an employer destroys this trust. I loved my job up until that happened, then i was in tears at work, home and even now (2 months later) thinking or speaking about it upsets me and i dissolve into tears again - and any of my friends and family can tell you how unlike me this is. I'm not the crying sort and nor am i the sort to let these kind of things get to me.

At the end of it all i felt so mistrustful of them and intimidated by them that i didnt even go to the shops after 6am and before 10pm in case i saw any of them. Like i said, i loved my job but you would literally have to drag me kicking and screaming before i would return to work for them. Utterly devastated at how they treated me and that i lost a job i loved because of it.

zzzLazyDaisy

katslater wrote: »

Hi All,
I'm new to this but hoping for some advice. I've worked for my employer for 15 years. Had a great relationship with previous board of Directors. Whilst I was on Maternity Leave a new MD was appointed and I have now been made redundant and have not returned following maternity.

Please could you clarify. You say you have been made redundant and have not returned to work after maternity leave.

Do you mean that your employment has actually ended but now they are seeking to wriggle out of their obligation to pay you redundancy pay?

Or do you mean that you have been notified that you are at risk of redundancy and they are now going through a consultation process which includes looking at the possibility of offering you an alternative position within the company, instead of making you redundant?

The two scenarios are very different in law, so it is important to be clear what we are dealing with here.

SarEl

unholyangel wrote: »

To not consider them in the selection pool because of the maternity leave could give other employees grounds for sex discrimination/unfair selection process claims.
.

Reg 10 is clear - there are no grounds in law to contest this. A woman on maternity leave must be offered a suitable alternative vacancy ahead of all other candidates.

SarEl

zzzLazyDaisy wrote: »

Please could you clarify. You say you have been made redundant and have not returned to work after maternity leave.

Do you mean that your employment has actually ended but now they are seeking to wriggle out of their obligation to pay you redundancy pay?

Or do you mean that you have been notified that you are at risk of redundancy and they are now going through a consultation process which includes looking at the possibility of offering you an alternative position within the company, instead of making you redundant?

The two scenarios are very different in law, so it is important to be clear what we are dealing with here.

True - i read the post that the OP was made redundant whilst on maternity leave. However, veen so I fell that a good case could be made if the OP was threatened in an attempt to make her take a job that was clearly unsuitable, and a further offer was only made after the relationship had broken down irretrievable as a result. As I said earlier - a case does depend heavily on those e-mails saying what the OP says they do.