At risk of redundancy

Burnz0

Hi.
Completely unexpectedly, i was called into a meeting 3 weeks ago with my manager and HR and told i was being put at risk of redundancy due to changes in the business etc.
I was given a date four weeks ahead to return to the office at which point i'd be told if i was being made redundant. I'd be welcome to apply for other internal roles etc but that i didn't need to return to carry on working. I was actually not allowed to return to my desk to collect my belongings due to the 'sensitive situation', my email access was removed within minutes and i was escorted out of the building and told to hand in my access card. I was informed that shortly after the meeting the manager informed the rest of the team that i would not be returning.
I was handed a letter which explains that my role is at risk of redundancy for reasons explained to me in the meeting (they were very vague and since it was a shock i don't really remember but they didn't give any specifics). The letter also mentions that this is the consultation period although neither that term or 'risk of redundancy' was actually mentioned in the meeting.
I was also given a copy of the draft enhanced settlement offer.

I did question why i had been selected over anyone else in the team, especially since only weeks before they'd hired a contractor who i've been responsible for training. All i was told as they'd looked at certain criteria and i've been selected. There was no mention of how or any discussion on alternatives or an appeal process. Nobody else in the team has been told they were at risk and (i've been reliably informed) when a colleague questioned why it was me they were told it was confidential.
Just the week before we were told there were no redundancies planned and i don;t believe there has been any significant change in the business in that week to now create the redundancy situation.
It's clear to me that they've picked me already and this consultation period is just filling time for the inevitable.

From consulting ACAS it appears that they've not really followed a proper process and the decision is pre-determined; however, i'm still not clear on whether this constitutes unfair dismissal and what my rights are.
I understand that they should have put everyone at risk, explained about the pool, the process etc but i'm not sure if it matters that they've not told anyone and have actually already carried out the selection process ahead of the consultation.

I asked in the meeting for backup of how i was selected and it took them two days to provide me with a one page Excel matrix mapping out 5 criteria and scoring for me and 9 other people (there are 13 in the team so 3 haven;t been included). The noticeable outlier in the matrix is my low score for 'conduct' but there is no backup to what that means - i've never faced any disciplinary action etc, although i don;t particularly get on with my boss (for some quite valid reasons in my opinion). I suspect they just muddled that together quickly and that's why it wasn;t immediately available and took them a few days to provide it.

Since the initial meeting the only other contact i;ve had is a weekly email directing me to the current vacancies.
Just this week a role has appeared - exactly the same job title as mine - but in another team. I meet the requirements of the job spec and much of the work is the same, although it does cover a different area.
I'm going to apply for it but i would think they should be actively offering it as an alternative. I'm under no illusion that i'll get the role since i've applied for the same role in the past and it all reports into the same senior manager. I also question why this vacancy exists if there is a genuine redundancy situation.

I think they're just trying to get rid of me as the manager doesn't like me and they're probably hoping i'll leave happily based on the redundancy package as i've not been challenged in the role for some time due to them not allocating me work and they'd have a good idea i might be considering other options.
Can anyone give any advice on where i might stand and what i can and can't challenge?

Whilst the enhanced redundancy package they've offered is not completely unreasonable i do genuinely believe i might struggle to find other work for some time and they've also managed to do it at such a time that i'll miss out on a bonus payment which wouldn;t be far off what they're offering as an enhanced package.
There have been a few redundancies in the time i've been there and i;ve never known anyone to be treated like this or told not to work notice. Also, it's widely known in the company what they pay in terms of an enhanced settlement so they're certainly not doing be any favours.

I've spoken to both ACAS and had a few free consultations with solicitors and the advice seems to be that it's unfair dismissal but i'm still getting mixed messages from all the things i've read on the internet. I don;t want to go down the tribunal route if i can avoid it due to the cost, the fact i might not get as big a payout as i;d hope for and that i can;t afford to wait on a potential payment due to my current circumstances.

Any advice would be appreciated!

Wobblydeb

Do you like where you work, and enjoy the work you do - in other words, do you WANT to stay?

lincroft1710

How long have you worked there?

Masomnia

Assuming you have more than two years' service...

Imho marking you down for conduct without any formal warnings in place is likely to be unfair, and if there are people in the same team doing the same job as you who are not at risk then that is definitely going to be unfair. In terms of the other job if you really could do it and it would be a suitable alternative job for you then I think they should be offering you that, unless there are going to be other internal applicants.in which case they can justify that.

Burnz0

i've been there 4 years.
And no, i don't particularly enjoy the current role as i don't find it challenging and have more than once tried to move into the same team where the new role has become available. Even if i stayed there for a short time it would be useful experience and probably help my job search in the long run, which is the main reason ive always wanted an internal move.
I'm not too pleased with the way ive been treated but i'd prefer to have a job, especially given the current uncertainty about what is going on in the UK. A payout and a new job would be the best thing but if i'm looking for ages then any payout soon goes so i think the most sensible thing would be to take any suitable internal roles and forget about it. But that assumes they'll actually offer it to me as i think it could be quite awkward for everyone for me to show back up in the same office after several weeks off and people being told i've left for good!
I'm just not sure whether directing me to the job board is sufficient or if they're actually obliged to consider me as i read elsewhere they shouldn't even be advertising externally until the people facing redundancy have had an opportunity.

Xbigman

If you have advice from a solicitor then that is better advice than anyone here or at ACAS can give you on the legal situation. And I agree it's very likely unfair dismissal.
What you might get from posting here is practical advice. If it was me I would be fuming at the way I was treated and I would not go quietly.
I'd refuse the settlement and take standard redundancy, letting them know it was because I considered myself unfairly dismissed. If I was made redundant I'd go to tribunal.
I would apply for the advertised job. If I didn't get it then it's more ammo that proper procedures weren't followed. If I did get it then I still have a job, whilst I look for another one.

It would be awkward going back into the office, moreso when I give the 8 other people on the matrix a copy of it to let them know they were considered for redundancy and no one told them.

Having said all that, I'm fortunate in having savings to tide me over. If the settlement agreement is enough extra money to make a difference you would be foolish not to consider it carefully.


Darren

Burnz0

the money situation is certainly a real consideration

Another thing is if it goes the tribunal route isn;t there a cap at what you can get and one of the main factors into determining that amount is how long you've been or will be out of work? So if you find another role quickly there's a significant limit to what you can get anyway? Or am i wrong there?