My Latest Drama - Redundancy and option to apply for a on call rota Job, please help

hostileworkplace

Hi,

Without getting into details and complicating things (bringing past issues although they are related), I would really like some advice please.

I have been informed that my position is at the RISK OF REDUNDANCY (15/11/2011) which is held by 3 employees (well 4 but they secured the position of another by making him team leader on basis of favouritism…..) and another position. The condition they put is that if a project goes ahead which I found to be very strange. Anyway, I know it’s me that they want to get rid of but they want to be seen to be following the redundancy process. So, they created TWO so called new positions which they informed on a meeting of 17/11/2011 and I have been offered to apply by midday 21/11/2011. Let's say I did not apply for the sake of argument.

Anyway, my issue is that the new position included an on-call rota which is currently being performed by the other two (one of whom is a friend of the manager) who has applied for the new job. In all honesty, it was simply a formal job description of the other two’s current position. I did not accept the on call rota at the time as it meant that I would be taking calls during SYDNEY time. I have a young family and I simply cannot do that.


I know the company will use this as its main argument, i.e. I did not apply. So, I am thinking of appealing on the basis that I did not apply because there was no job for me to apply. I am being made redundant relating to the Working Time Regulations 1998 (not signing the implied opt-out agreement) and feel this is wholly and utterly unfair. This is just ONE of my arguments.

Any advice on this issue for now would be much appreciated.

BK

p.s.

- I am on my 3rd week of consultation period now although they said initially its going to be 2 weeks and were rushing - I am no legal expert but at least have some logic...so has been asking them questions, for information, which they are failing.
- As for yet, the project has not been signed or at least this is what they claim (they are worried about other things as they know they mistreated me….).
- However, one of colleague not in my pool has already been made redundant or signed a compromised agreement. When I raised this today, they did not want to talk about it even though they stated on the first meeting that if the project does not go ahead, there will be no redundancies.
- I think they will prolong this and make my life very difficult or even find something else to bring against me. I was hoping my other colleague stayed little longer but he didn’t want to go to Bournemouth under TUPE arrangement.
- In all honesty, they tried to get rid of me through victimization, bullying, ganging up on me when I challenged them on the so-called disciplinary process causing extreme stress to me. Hence, I really don’t want to deal with them while still working in the company and they know that. I will deal with them once I am out but at the same time need to be prepare for the appeal as well.

getmore4less

Sticking to the potential redundacy.

They have pooled you with 2 others and said what the joba available are.

If you don't consider they are a suitable alternatives you are redundant.

If you do consider it suitable then you need to go through the selection procedure.

If the role cannot be done without opt out that is something to bring up during consultation, not sure if that could be legal.

Appealing becauss there is no job is a bit silly, thats redundancy.

hostileworkplace

getmore4less, thanks 'there is no job is a bit silly, thats redundancy' - I have made note on this but I shall link this with other things that they have done prior to this drama. Having said this, I am on my 3rd week now, and they even talking about Jan now even though they told me there will be no redundancies if the project does not go ahead. However, my colleage is already gone!

This case is complicated and I am not sure how to pursue it. The Manager and management knew it would be difficult to get rid of me as I gave them a fight when they brought a dubious disciplinary process against me. It was me VS HR Department, Financial Director, Legal Director, Bully Manager, Bully Team Leader, and Manager's friend. I embaressed them all but they still upheld it. During this process, they displayed contradiction, favoritism, etc - headline materials. I did told them I will bring this up once I am outside the company as they really bullied, victimized me. They devised the redundancy process so as take all these past issues away.

kiddy_guy

Whatever you consider fair or otherwise, there is a redundancy issue. You have options - apply or not. Ultimately you may well find yourself redundant, but the process as you have described seems open and fair (so far).

hostileworkplace

Thanks kiddy guy, I guess that is the ONLY argument that the company can and will argue. They will also argue that they gave me time and I did not apply. My challenge (quite easy really) is to prove that they were making me redundant and not the position.

I shall come back to you guys once I have written my appeal which should give your more information.