Redundancy Pay and Disabilities

avinitinatt

Hi,

I am facing the possibility of being made redundant in a couple of months time. (Madly trying to get my small business working but that's another issue). The thing is I am a disabled worker, and have given a decade to my employer, meaning if this happens to me I'll have approx 3 months wages before I'll need an income that will pay the bills. I've been looking for other jobs now for about 6 months and can't see anything suitable for my disability needs, I can't use public transport regularly or drive, and I am becoming sicker all the time (Chronic pain and fatigue). My current job suits my needs (it's hard but I get by). I don't want to stop working and rely on benefits, I want to work and I want financial security.

Anyway... My question is, can I make a case for an increased redundancy payment in light of my disability putting me at a severe disadvantage of employability? Anyone who takes me on is going to have to pay out for adjustments and accept that I will take regular sick days. I just don't think it's fair that older people get higher payouts (I'm 34), and the disabled don't. Would there be a case for disability discrimination if I were to request this and be refused? I might sound a bit money grabbing here, but I have devoted a third of my life to this company whilst battling through illness and I am genuinely concerned for my financial stability should I lose my job. I can see it taking up to a year to find myself something suitable. In reality that's why I'm trying to develop my small business. I don't make a profit at all from my small business, in fact its more of a tax registered hobby. Ok... well I'm off to read some business blogs and to try and make my own wealth from my duvet.

If you can offer any advice or guidance, or just support I would be so grateful

Another_not_new_user

You can make any argument that you want, but there is no legal cause for you to be given a higher payment because you are disabled and it is not discrimination to refuse. You have a right to be treated the same as other employees, not a right to be treated better.

Takeaway_Addict

avinitinatt wrote: »

Hi,

I am facing the possibility of being made redundant in a couple of months time. (Madly trying to get my small business working but that's another issue). The thing is I am a disabled worker, and have given a decade to my employer, meaning if this happens to me I'll have approx 3 months wages before I'll need an income that will pay the bills. I've been looking for other jobs now for about 6 months and can't see anything suitable for my disability needs, I can't use public transport regularly or drive, and I am becoming sicker all the time (Chronic pain and fatigue). My current job suits my needs (it's hard but I get by). I don't want to stop working and rely on benefits, I want to work and I want financial security.

Anyway... My question is, can I make a case for an increased redundancy payment in light of my disability putting me at a severe disadvantage of employability? Anyone who takes me on is going to have to pay out for adjustments and accept that I will take regular sick days. I just don't think it's fair that older people get higher payouts (I'm 34), and the disabled don't. Would there be a case for disability discrimination if I were to request this and be refused? I might sound a bit money grabbing here, but I have devoted a third of my life to this company whilst battling through illness and I am genuinely concerned for my financial stability should I lose my job. I can see it taking up to a year to find myself something suitable. In reality that's why I'm trying to develop my small business. I don't make a profit at all from my small business, in fact its more of a tax registered hobby. Ok... well I'm off to read some business blogs and to try and make my own wealth from my duvet.

If you can offer any advice or guidance, or just support I would be so grateful

With the greatest respect as I appreciate why you are asking these questions you did not devote a third of your life out of the goodness of your heart, you provided them labour which they paid you for contractually, you are not a slave and you could have moved at any point before now.

They could turn around and say they provided you with a job for a third of your life...can they pay you less than statutory?

I agree about the sillyness of the redundancy figure being higher if you are over a certain age.

The only question I have left is to ask is 'do you believe this is a genuine redundancy?' If not can you prove they are discriminating because of your disability.

LittleVoice

avinitinatt wrote: »

Hi,

. . .

Anyone who takes me on is going to have to pay out for adjustments and accept that I will take regular sick days.
. . .

Is there not a fund administered through jobcentres which covers cost of some adjustments - like special chairs? I know they used to ask employers to make a contribution but that was not essential.


Of course, it does depend on the type of adjustment which would be required.


If the jobcentre scheme paid for special equipment (like a chair), this would then be yours to take with you if you moved to another job.

avinitinatt

Thanks all.

If I have the right to be treated the 'the same', then why are older employees rewarded at a higher rate? I know that's the law, but it really is very unfair. That is surely age discrimination? Rewarding older employees doesn't make sense to me, not when equality spans so widely.

That's my point really, I got carried away in the detail and emotion of it in my first post.

My post is gone, so the redundancy is genuine. I need to apply for the post replacing my post, and my concern is over not being selected, I fear that there lies the issue, I could easily be bumped out but my seniors and there's no position below my grade to fill.

I applied for adjustments already via access to work (gov scheme) and my manager declined my assessment for fear of it costing too much in equipment. They want their own OH to do one first. I'm awaiting that now. My sick record is at dismissal level, due to them employing the Bradford Score system. I try to take a day or two off only when absolutely necessary, but coupled with a long term absence about 10 months ago, my score is into the thousands. I'm genuinely concerned that they will use this redundancy to bump me off the books.

Part of me doesn't mind that, but I do worry about financial stability. My partner is a low earner and out rent is too high to be covered by housing benefit. My PIP application has now been in 26 weeks.

My initial post probably reads self righteous, but it's just a reflection of me feeling pretty hard done by and stressed.

I will ask for an increased payment of redundancy occurs. It does no harm in asking after all.

Takeaway_Addict

avinitinatt wrote: »

Thanks all.

If I have the right to be treated the 'the same', then why are older employees rewarded at a higher rate? I know that's the law, but it really is very unfair. That is surely age discrimination? Rewarding older employees doesn't make sense to me, not when equality spans so widely.

That's my point really, I got carried away in the detail and emotion of it in my first post.

My post is gone, so the redundancy is genuine. I need to apply for the post replacing my post, and my concern is over not being selected, I fear that there lies the issue, I could easily be bumped out but my seniors and there's no position below my grade to fill.

I applied for adjustments already via access to work (gov scheme) and my manager declined my assessment for fear of it costing too much in equipment. They want their own OH to do one first. I'm awaiting that now. My sick record is at dismissal level, due to them employing the Bradford Score system. I try to take a day or two off only when absolutely necessary, but coupled with a long term absence about 10 months ago, my score is into the thousands. I'm genuinely concerned that they will use this redundancy to bump me off the books.

Part of me doesn't mind that, but I do worry about financial stability. My partner is a low earner and out rent is too high to be covered by housing benefit. My PIP application has now been in 26 weeks.

My initial post probably reads self righteous, but it's just a reflection of me feeling pretty hard done by and stressed.

I will ask for an increased payment of redundancy occurs. It does no harm in asking after all.

This isn't your employers fault though, you need to complain to the government

avinitinatt

I do understand that it's a statutory thing, and I will be raising this with my MP initially. I'm not blaming my employer, for that. But surely the statutory entitlement is a minimum entitlement and a company can influence it's own redundancy package? I would be asking for an additional payment in light of my individual needs. I suppose anybody with a reason to feel disadvantaged could do that, to make a case for themselves. I fully get that my request is unlikely to be upheld. The more I think about the age thing the more it winds me up, I'm definitely following that up.

jjlandlord

Takeaway_Addict wrote: »

This isn't your employers fault though, you need to complain to the government

Well they could nicely decide to pay everyone based on the higher rate...
Am I dreaming?

avinitinatt

Surely there should be no higher rate for one particular group of people. It should be the same rate, that's what equality is all about right?

System

avinitinatt wrote: »

Thanks all.

If I have the right to be treated the 'the same', then why are older employees rewarded at a higher rate? I

You are being treated exactly the same as an able bodied person of the same age.

avinitinatt

Yes. But differently to an able bodied person of a different age? The equality act does include age.