Can my employer make me redundant whilst i have a grievance against them?

nikkikitch

hi all

Im currently off work with stress after being bullied for over a month.

In a nutshell, its constructive dismissal, all the usual stuff, bullying, put on probation without reason, withholding of expenses and bonuses, plus its looking more and more like there could be a discrimination element to my claim given all the issues started when i told my employer about some mental health problems i was suffering with. I've always had a glowing performance record and had my annual review two months before these alleged issues started which was excellent and no issues raised.

After being signed off work with stress , i raised a grievance about the bullying and harassment against a colleague/director, i attended a grievance meeting. I then found out that my employment would be transferred under TUPE to a new company. As you can imagine my old employer did nothing and dragged their feet with it until very last minute when they came back with some preliminary findings but no conclusions. Their findings were also complete lies, all of which i have written evidence to disprove. One particular lie they told was in a relation to a meeting with our HR Manager which they alleged i just did not 'turn up' to which they claim was to discuss my alleged performance issues. The meeting was in actual fact meant to be to discuss the mental health problems i had raised with the HR Manager as she had a duty of care to me. I also told both my line manager and HR Manager that i couldn't make the meeting as i had a hospital appointment that day. (i have all the emails) I think its disgusting that they would tell such a blatant lie to be honest!

The new employer had a conversation with my solicitor two weeks ago where they suggested that there could be 3 options, either mediation between myself and the person involved, transfer to another site or a compromise agreement. They also suggested that my role could possibly become redundant in the near future due to onsite staff restructure (convenient).

After chasing both my solicitor and employer today, my solicitor said that my employer has pretty much said that i will get statutory redundancy and notice only, he has also suggested that he doesn't think they will go down the CA route now and will keep me on SSP only until they make me redundant when i wouldn't receive any kind of payment given i haven't been there for two years. His suggestion was to make them think I'm going to return to the role, which they won't want, and then hopefully they might go down the compromise agreement route.

He has also asked if i wish him to prepare further representations and to collate the evidence i have against them in a formal format.

My solicitor is constantly unavailable and i know my employer have been trying to speak to him since last Wednesday. I also haven't been able to speak to him, so i emailed my employer directly today to ask if they have spoken to him. They said they haven't but are very keen to, to discuss options and next steps.

I havent replied to their initial grievance findings yet or provided the evidence to disprove them as this will incur additional charges with my solicitor. My opinion is that my solicitor should be playing hard ball with them and playing the discrimination card and making them think i absolutely will go to tribunal with this if needs be!!

So i have a few questions really...1) shouldn't they have had to complete the grievance by now and reached a conclusion?
2) is it worth me picking the phone up them and asking if the 3 options suggested by them, are still available?
3) Can they even make me redundant whilst I'm off with a grievance against them and wouldn't it be classed as unfair dismissal if they did?
4) Ive been off work for 3 months now on SSP only, surely they would have to give me the 3 months salary at least given the reasons?

Another point worth raising is that i was meant to receive a bonus at Christmas which i did not i believe this is another breach of contract?

Thanks in advance.

Notmyrealname

What discrimination issue do you think there is? The Disability Discrimination Act is no longer in force and unless you're registered disabled you'll struggle.

My solicitor is constantly unavailable and i know my employer have been trying to speak to him since last Wednesday.

Usually when that happens its because your solicitor knows you have no case.

Emmzi

There isn't a national register of disabled people any more and the Equality Act 2010 replaced the DDA.

Emmzi

nikkikitch wrote: »

So i have a few questions really...1) shouldn't they have had to complete the grievance by now and reached a conclusion?
2) is it worth me picking the phone up them and asking if the 3 options suggested by them, are still available?
3) Can they even make me redundant whilst I'm off with a grievance against them and wouldn't it be classed as unfair dismissal if they did?
4) Ive been off work for 3 months now on SSP only, surely they would have to give me the 3 months salary at least given the reasons?

Another point worth raising is that i was meant to receive a bonus at Christmas which i did not i believe this is another breach of contract?

Thanks in advance.

1. does the grievance policy have a timescale in it? But if they missed the deadline what can you really do?
2. only if you want to show your hand and ignore the advice of your solicitor. Me, I wouldn't, keep your powder dry
3. yes they can, and not automatically. roles are redundant, not people. If the job is gone, it's gone.
4. I think they do have to pay your notice period, yes
5. is the bonus discretionary? - most are. In which case, no.

andygb

nikkikitch wrote: »

After chasing both my solicitor and employer today, my solicitor said that my employer has pretty much said that i will get statutory redundancy and notice only, he has also suggested that he doesn't think they will go down the CA route now and will keep me on SSP only until they make me redundant when i wouldn't receive any kind of payment given i haven't been there for two years. His suggestion was to make them think I'm going to return to the role, which they won't want, and then hopefully they might go down the compromise agreement route.

He has also asked if i wish him to prepare further representations and to collate the evidence i have against them in a formal format.

My solicitor is constantly unavailable and i know my employer have been trying to speak to him since last Wednesday. I also haven't been able to speak to him, so i emailed my employer directly today to ask if they have spoken to him. They said they haven't but are very keen to, to discuss options and next steps.

Have you actually instructecd a solicitor to act on your behalf, or just had an interview with them, because your solicitor should be the only one dealing with your employer now. If this is a constructive dismissal case, then the fact that you have been signed off sick, nmeans that your employer should not be harrassing you. I would advise that you do everything that your solicitor asks regarding making a thorough report of all your grievances, complete with times and dates, people involved, what has been said to you. He/she will then approach your employer, and decide what happens next.
If both yourself and you solicitor are in contact with your employer, then there is more chance of something going wrong.

andygb

Notmyrealname wrote: »

Usually when that happens its because your solicitor knows you have no case.

That is not true. If you have instructed a solicitor, then they cannot just ignore you, because they are bound by the rules laid down by the Law Society and the Solicitors Regulation Authority.

nikkikitch

Emmzi wrote: »

1. does the grievance policy have a timescale in it? But if they missed the deadline what can you really do?
2. only if you want to show your hand and ignore the advice of your solicitor. Me, I wouldn't, keep your powder dry
3. yes they can, and not automatically. roles are redundant, not people. If the job is gone, it's gone.
4. I think they do have to pay your notice period, yes
5. is the bonus discretionary? - most are. In which case, no.

Hi

Thanks for your reply.

my understanding is that grievances usually have to be complete within 28 days don't they?

The role hasn't gone thought, thats my point! Im a marketing manager and the only marketing person on site given they've just signed off the marketing budget for the year, they will need someone to manage that budget and marketing strategy. They're making the role redundant because they clearly don't want me to go back but it looks like rather than offer any kind of compromise agreement, they can keep me on ssp until the redundancy happens in which case, ill walk away with nothing. I wouldve thought though that they couldnt do that whilst i had a grievance against them and whilst I'm off sick with work related stress.

nikkikitch

andygb wrote: »

Have you actually instructecd a solicitor to act on your behalf, or just had an interview with them, because your solicitor should be the only one dealing with your employer now. If this is a constructive dismissal case, then the fact that you have been signed off sick, nmeans that your employer should not be harrassing you. I would advise that you do everything that your solicitor asks regarding making a thorough report of all your grievances, complete with times and dates, people involved, what has been said to you. He/she will then approach your employer, and decide what happens next.
If both yourself and you solicitor are in contact with your employer, then there is more chance of something going wrong.

Yes i have instructed a solicitor who has so far sent a few emails back and forth to try and ascertain their position. Last week i collated all of my evidence and a summary response to their findings. For him to prepare this in a legal/formal format though to present to my employer, it costs a fair bit. So at this point, we're waiting to hear what my employer comes back with after their original emails which firstly offers 3 options then goes on to talk about the role POSSIBLY being made redundant.

Its my opinion that the solicitor should be putting pressure on them on the telephone and making them think that i have all of this evidence against the person in question, as currently they don't know what i have so will be less inclined to make an offer!

Emmzi

My question would be, if you are off with stress, how can they investigate the grievance, as they will need to talk to you.

They may dismiss for capability if you have no return to work date. That would not cost them much and is what i would do if I were them.

If you want to take out a claim for work related stress, that is a totally seperate matter in the eyes of the law. Right now the question is, "is this person fit to do the job", and the answer is "no."

nikkikitch

Emmzi wrote: »

My question would be, if you are off with stress, how can they investigate the grievance, as they will need to talk to you.

They may dismiss for capability if you have no return to work date. That would not cost them much and is what i would do if I were them.

If you want to take out a claim for work related stress, that is a totally seperate matter in the eyes of the law. Right now the question is, "is this person fit to do the job", and the answer is "no."

I attended the initial grievance meeting, they have come back with some preliminary findings but no conclusions meaning the grievance is still open.

Im off with work related stress in relation to the bullying, so my understanding is, they can't sack me or make me redundant.

Emmzi

I am afraid your assumption is incorrect. What does your solicitor say in this regard?

It may be unwise, as any claim in court against them could be more costly - but then you have quite a case to prove. Most do not succeed.

You are unfit for work, and if that is indefinite, that is enough to let you go.

What would I do... ask for an occ health referral with a view to outlining what reasonable adjustments would make it possible to return to work, and take it from there.