Employment Advice - Tribunal worth it?

bobcat451

Hi all,
Just looking for opinions really. I was recently made redundant by my employer on the grounds that my position is effectively no longer needed (same reason was given to a colleague earlier this month too, I went after him) they still have people in that position doing the same job as I was and the workload is still there. I advised my manager after my other colleague being made redundant that its causing me mental health issues the stress and anxiety of it all as I was doing more work throughout the day with no chance of even getting to take a break and of course concerned about my job future, the day after advising my manager how its affecting me mentally, I also get made redundant without notice. To me this doesn't seem right as we was assured after the first redundancy that there is no plans to make anyone else, I was also being shown how to do certain new things within the workplace after the first person being made redundant (manual work basically) so it makes me think there was no plans to make me redundant either otherwise it would be a waste of time to train me how to do a certain aspect of the job as i would have been going regardless.

I've been given a settlement which im happy with etc, I just really want to see if this is any sort of grounds for discrimination as I thought employers were bound by law to help employees if they express mental health issues.

Undervalued

bobcat451 said:

Hi all,
Just looking for opinions really. I was recently made redundant by my employer on the grounds that my position is effectively no longer needed (same reason was given to a colleague earlier this month too, I went after him) they still have people in that position doing the same job as I was and the workload is still there. I advised my manager after my other colleague being made redundant that its causing me mental health issues the stress and anxiety of it all as I was doing more work throughout the day with no chance of even getting to take a break and of course concerned about my job future, the day after advising my manager how its affecting me mentally, I also get made redundant without notice. To me this doesn't seem right as we was assured after the first redundancy that there is no plans to make anyone else, I was also being shown how to do certain new things within the workplace after the first person being made redundant (manual work basically) so it makes me think there was no plans to make me redundant either otherwise it would be a waste of time to train me how to do a certain aspect of the job as i would have been going regardless.

I've been given a settlement which im happy with etc, I just really want to see if this is any sort of grounds for discrimination as I thought employers were bound by law to help employees if they express mental health issues.

If you have signed a formal settlement agreement (after receiving advice from a solicitor or trades union rep) then you have signed away your right to make virtually any claim.

No, an employer is not "bound by law to help employees if they express mental health issues" unless the mental health issues is sufficiently serious as to be a disability (in law) and the employer was made aware of this (or should reasonably have been aware). Whilst mental health issues can legally be a disability for employment purposes it is not automatic by any means.

Even if you are eligible to make a claim, stop for a moment and consider what impact that is likely to have on your mental health. If you found work stressful you have no idea what fighting a contested tribunal claim will be like.

Particularly as you have "been given a settlement which im happy with etc" (your words not mine) frankly move on!

bobcat451

Undervalued said:

bobcat451 said:

Hi all,
Just looking for opinions really. I was recently made redundant by my employer on the grounds that my position is effectively no longer needed (same reason was given to a colleague earlier this month too, I went after him) they still have people in that position doing the same job as I was and the workload is still there. I advised my manager after my other colleague being made redundant that its causing me mental health issues the stress and anxiety of it all as I was doing more work throughout the day with no chance of even getting to take a break and of course concerned about my job future, the day after advising my manager how its affecting me mentally, I also get made redundant without notice. To me this doesn't seem right as we was assured after the first redundancy that there is no plans to make anyone else, I was also being shown how to do certain new things within the workplace after the first person being made redundant (manual work basically) so it makes me think there was no plans to make me redundant either otherwise it would be a waste of time to train me how to do a certain aspect of the job as i would have been going regardless.

I've been given a settlement which im happy with etc, I just really want to see if this is any sort of grounds for discrimination as I thought employers were bound by law to help employees if they express mental health issues.

If you have signed a formal settlement agreement (after receiving advice from a solicitor or trades union rep) then you have signed away your right to make virtually any claim.

No, an employer is not "bound by law to help employees if they express mental health issues" unless the mental health issues is sufficiently serious as to be a disability (in law) and the employer was made aware of this (or should reasonably have been aware). Whilst mental health issues can legally be a disability for employment purposes it is not automatic by any means.

Even if you are eligible to make a claim, stop for a moment and consider what impact that is likely to have on your mental health. If you found work stressful you have no idea what fighting a contested tribunal claim will be like.

Particularly as you have "been given a settlement which im happy with etc" (your words not mine) frankly move on!

Sure, I get that. 
But if its deemed I'm dismissed unfairly or indiscriminately, then surely I'll be able to get compensation which im sure will be a nicer figure than what I've got now. I get that its stressful, just seems a little fishy that as soon as I mention concerns then I'm sacked. 
I've signed no settlement offer as yet, they will still try to find me another job within the company 

lincroft1710

bobcat451 said:

Undervalued said:

bobcat451 said:

Hi all,
Just looking for opinions really. I was recently made redundant by my employer on the grounds that my position is effectively no longer needed (same reason was given to a colleague earlier this month too, I went after him) they still have people in that position doing the same job as I was and the workload is still there. I advised my manager after my other colleague being made redundant that its causing me mental health issues the stress and anxiety of it all as I was doing more work throughout the day with no chance of even getting to take a break and of course concerned about my job future, the day after advising my manager how its affecting me mentally, I also get made redundant without notice. To me this doesn't seem right as we was assured after the first redundancy that there is no plans to make anyone else, I was also being shown how to do certain new things within the workplace after the first person being made redundant (manual work basically) so it makes me think there was no plans to make me redundant either otherwise it would be a waste of time to train me how to do a certain aspect of the job as i would have been going regardless.

I've been given a settlement which im happy with etc, I just really want to see if this is any sort of grounds for discrimination as I thought employers were bound by law to help employees if they express mental health issues.

If you have signed a formal settlement agreement (after receiving advice from a solicitor or trades union rep) then you have signed away your right to make virtually any claim.

No, an employer is not "bound by law to help employees if they express mental health issues" unless the mental health issues is sufficiently serious as to be a disability (in law) and the employer was made aware of this (or should reasonably have been aware). Whilst mental health issues can legally be a disability for employment purposes it is not automatic by any means.

Even if you are eligible to make a claim, stop for a moment and consider what impact that is likely to have on your mental health. If you found work stressful you have no idea what fighting a contested tribunal claim will be like.

Particularly as you have "been given a settlement which im happy with etc" (your words not mine) frankly move on!

Sure, I get that. 
But if its deemed I'm dismissed unfairly or indiscriminately, then surely I'll be able to get compensation which im sure will be a nicer figure than what I've got now. I get that its stressful, just seems a little fishy that as soon as I mention concerns then I'm sacked. 
I've signed no settlement offer as yet, they will still try to find me another job within the company 

I have highlighted the relevant word. Bringing a claim and winning a claim are 2 completely different things

Being sacked and being made redundant are again 2 completely different things. If they are trying to find you another job, you certainly haven't been sacked

Diamandis

Unless you have any actual evidence there was discrimination involved you're very unlikely to win based on what you've written here. 

bobcat451

Diamandis said:

Unless you have any actual evidence there was discrimination involved you're very unlikely to win based on what you've written here. 

Do you have experience of employment tribunals? In these scenarios i highly doubt there is ever any evidence

[Deleted User]

If you stick around long enough you'll find opinion round here, is simply a perceived one, based on poster.

Dox

bobcat451 said:

Diamandis said:

Unless you have any actual evidence there was discrimination involved you're very unlikely to win based on what you've written here. 

Do you have experience of employment tribunals? In these scenarios i highly doubt there is ever any evidence

Your posts are pretty confusing - one minute you are saying you've been offered a settlement you're happy with, the next you are saying your employer is trying to find you another role in the company.

If there's no evidence, then going to a tribunal is pointless. Fondly believing that employers 'must help' employees with mental health issues is erroneous, particularly if the employer had already taken a provisional decision before you made your comments to them. 

bobcat451 said:

But if its deemed I'm dismissed unfairly or indiscriminately, then surely I'll be able to get compensation which im sure will be a nicer figure than what I've got now. I get that its stressful, just seems a little fishy that as soon as I mention concerns then I'm sacked. 

Don't you believe it. If you 'mentioned concerns' as some sort of insurance policy against being made redundant, I'm afraid that's not how real life works. There is no evidence at all of unlawful discrimination, from what you've said in your post. What is worth double checking is how and why you were selected for redundancy - that process does have to be fair.

I hope very much that your employer will be able to find you another job which you can do without harming your mental health. 

Deleted User said:

If you stick around long enough you'll find opinion round here, is simply a perceived one, based on poster.

Some of us respond based on professional experience and knowledge rather than endless personal anecdotes!

bobcat451

Dox said:

bobcat451 said:

Diamandis said:

Unless you have any actual evidence there was discrimination involved you're very unlikely to win based on what you've written here. 

Do you have experience of employment tribunals? In these scenarios i highly doubt there is ever any evidence

Your posts are pretty confusing - one minute you are saying you've been offered a settlement you're happy with, the next you are saying your employer is trying to find you another role in the company.

If there's no evidence, then going to a tribunal is pointless. Fondly believing that employers 'must help' employees with mental health issues is erroneous, particularly if the employer had already taken a provisional decision before you made your comments to them. 

bobcat451 said:

But if its deemed I'm dismissed unfairly or indiscriminately, then surely I'll be able to get compensation which im sure will be a nicer figure than what I've got now. I get that its stressful, just seems a little fishy that as soon as I mention concerns then I'm sacked. 

Don't you believe it. If you 'mentioned concerns' as some sort of insurance policy against being made redundant, I'm afraid that's not how real life works. There is no evidence at all of unlawful discrimination, from what you've said in your post. What is worth double checking is how and why you were selected for redundancy - that process does have to be fair.

I hope very much that your employer will be able to find you another job which you can do without harming your mental health. 

Deleted User said:

If you stick around long enough you'll find opinion round here, is simply a perceived one, based on poster.

Some of us respond based on professional experience and knowledge rather than endless personal anecdotes!

So, I haven't been made redundant just yet, but I basically have as I have no chance of returning back to work, its more of a transition stage for x amount of days and if there is not a job suitable for me I will be made redundant, there won't be a position available as there is no jobs in the company. So there is basically only one option for me.

I thought I read something that employers should seek help for you if you raise concerns regarding mental health, I mean after all employers should care about your health right? There is obviously still a stigma around mental health as some people don't think its 'real' so to speak.

You think I mentioned concerns as some sort of insurance policy? I had no idea this would have happened to me, considering the status within the workplace, all I'm saying is that its snidey and definitely some foul play going on here. Surely if the plan was to make me redundant, do it at the same time as my other staff member and don't waste other employees time training me on a new job for absolutely no reason?

They have an annual redundancy target they have to reach each year, of course things like this are very very hard to prove so I see your point. 

oh_really

bobcat451 said

They have an annual redundancy target they have to reach each year, of course things like this are very very hard to prove so I see your point. 

To what ends, this makes little sense.

bobcat451

oh_really said:

bobcat451 said

They have an annual redundancy target they have to reach each year, of course things like this are very very hard to prove so I see your point. 

To what ends, this makes little sense.

Get what you mean, redundancy happens every year there