Redundancy - what should I be doing about this?
thecakefairy7
Forumite 13 Posts
I'm being made redundant in the next few days as my job is being transferred to another site within the business.
No issues with that from a personal perspective. I haven't liked the job for quite a while.
Generous redundancy as I have very long service and it is generously enhanced.
I have received a settlement agreement and was ready to sign.
However, in the last couple of weeks, I've found out that the company has immediately given my job to someone else, who isn't even a permanent employee.
This person has worked for my site on an interim basis for quite a few years at a premium rate but works from home.
I've followed the company redundancy policy and have raised a grievance purely because I don't believe they have done the right thing. Eventually the who site is closing but I had the potential to earn at least another year's wages.
My argument is purely financial, not emotional.
In the grievance hearing which was conducted by someone who doesn't work from either site, I was questioned as to whether I really wanted to work from the other site. I don't but this interim person won't either. They will work from home.
They also earn over twice as much as me and it does specifically say in the redundancy policy that the financial aspect will be a major deciding factor.
I was lucky enough to be able to speak to an employment solicitor who didn't seem to doubt at all that I had a case but as a family member of a good friend, told me that her firm would be much too expensive to pursue it.
I don't think I've got legal cover elsewhere but I do have it with my union.
I'm waiting for a reply on the grievance and I do have an idea of what is likely to be said and how to respond to it.
I also haven't signed the settlement agreement as advised by the solicitor. I had originally contacted her for this reason.
I think I've covered everything there!
Has anyone got any helpful advice or suggestions?
If it looks too difficult and stressful, I would be fairly happy to take the money and run but I feel I am letting them get away with something really wrong.
Thanks
No issues with that from a personal perspective. I haven't liked the job for quite a while.
Generous redundancy as I have very long service and it is generously enhanced.
I have received a settlement agreement and was ready to sign.
However, in the last couple of weeks, I've found out that the company has immediately given my job to someone else, who isn't even a permanent employee.
This person has worked for my site on an interim basis for quite a few years at a premium rate but works from home.
I've followed the company redundancy policy and have raised a grievance purely because I don't believe they have done the right thing. Eventually the who site is closing but I had the potential to earn at least another year's wages.
My argument is purely financial, not emotional.
In the grievance hearing which was conducted by someone who doesn't work from either site, I was questioned as to whether I really wanted to work from the other site. I don't but this interim person won't either. They will work from home.
They also earn over twice as much as me and it does specifically say in the redundancy policy that the financial aspect will be a major deciding factor.
I was lucky enough to be able to speak to an employment solicitor who didn't seem to doubt at all that I had a case but as a family member of a good friend, told me that her firm would be much too expensive to pursue it.
I don't think I've got legal cover elsewhere but I do have it with my union.
I'm waiting for a reply on the grievance and I do have an idea of what is likely to be said and how to respond to it.
I also haven't signed the settlement agreement as advised by the solicitor. I had originally contacted her for this reason.
I think I've covered everything there!
Has anyone got any helpful advice or suggestions?
If it looks too difficult and stressful, I would be fairly happy to take the money and run but I feel I am letting them get away with something really wrong.
Thanks
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In what way?
I'm just trying to get some advice on whether it is worth pursuing.
If they are a contractor they are not employed, no holiday pay, sick pay etc, no notice. It maybe the case they thought your job was gone so processed as they did with you but then realised there was a need but they didn't want the restrictions that come with yourself so used someone self employed.
You're in a union though so best to talk to them about it.
Do you have legal cover on your home insurance policy? Some policies will cover you for situations such as this. Also, some 'packaged' bank accounts do the same.
With regards to the job, I think they have always known they would need someone to cover but for some reason have told me the job is no longer required but have handed it over to someone else.
I don't want to go into all the details but it would have been practical to have employed me for another year and if they had done that, I wouldn't have an issue with it.
Your union may not be willing to represent you or offer any advice, as you say you've gone to another solicitor with the settlement agreement, and so it is now that solicitors job to advise you. Unions will not get involved if you have sought representation elsewhere. You can't not tell them that, as you clearly have a settlement agreement in the offing.
You don't like the job. You have a generous redundancy package and its enhanced. Why the hell would you risk that? At the end of this year you could end up not redundant and with nothing. The minute you walk into a suitable alternative role, which you are saying this would be for you, your redundancy is gone. A year from now they could put you somewhere else and you're screwed. Be careful what you wish for.
Nobody knows that I've received this advice, so not sure how they could refuse to represent me based on something they don't know about.
It was a conversation, not a any sort of official action.
They clearly don't want the job as it stands, in the current location, so that option is not available. Legally, that job doesn't exist, as its not in that location.
If you can define what outcome you want, perhaps your employer will be amenable to suggestions or others here could give you more specific advice.
My settlement agreement will be countersigned by the solicitor when appropriate with legal advice relating to that subject and that subject only.
The issue I am posting about has not really 'gone' officially to anyone. It has been raised by myself directly to the company.
To be clear again, I have questioned the decision but if they come back with an acceptable answer, I will not pursue it further.
I know what I want the outcome to be but because the grievance has been raised and the person dealing with it has had to go away and find out quite a lot of things, we haven't really got that far yet.