Redundancy Concerns – Seeking Advice

Anneblue

I received my delayed appraisal grade from last year and I was given the lowest rating.  Although arguably subjective, I am convinced that the rating is unfair.  For example, I demonstrably made my SMART objectives, and I believe I also met the less well-defined ones.  I questioned why the perception of my performance had apparently decreased so drastically - taking into account that in the previous year I had a satisfactory rating.  I was told that in fact last year's H1 performance had been assessed as sub-standard (short of satisfactory, but not the lowest rating).  However, at no point prior to the full-year appraisal had I been informed of this.  At the time, I put this down as a signal that I would be managed out.

Shortly after this, I was informed that my role is at risk of redundancy, as the company is planning to make over 50 employees in the UK office redundant, with the work being relocated to lower-cost countries.  It is now fairly clear to me that the purpose of the lower grade was to put me in the selection criteria for redundancy.

I have a few questions regarding this situation:

Is there any challenge that I can make to the appraisal grade - on the basis that I was not told about my supposedly deteriorating performance, or any other grounds?

Offshoring: The company has stated that it aims to redistribute work to lower cost countries.  Is this legal?  Is it legal if they re-hire the same role and do not offer it to me?

Criteria: Does the company have to give detailed criteria on why my role was placed at risk?

Pregnancy Considerations: I am currently five weeks pregnant and have not yet informed my manager or the company. I feel like the timing is particularly unfortunate in the sense that the company's maternity leave is fairly generous, but I will likely be made redundant before I can take it (earliest would be 3 months before due date).  I also would not be with a future employer for long enough to qualify for statutory leave, or their enhanced maternity pay.  When would be the most appropriate time to disclose my pregnancy to my manager? Does the timing of this disclosure have any impact on my situation? I understand that, as a pregnant employee, I am entitled to priority consideration if any roles in my sector are retained. Are there any other legal protections or benefits I should be aware of related to my pregnancy?

Is it likely to be worth me seeking advice seeking legal advice at this stage?

Any insights or advice on these matters would be greatly appreciated.

Thank you in advance.

MattMattMattUK

Anneblue said:

I received my delayed appraisal grade from last year and I was given the lowest rating.  Although arguably subjective, I am convinced that the rating is unfair.  For example, I demonstrably made my SMART objectives, and I believe I also met the less well-defined ones.  I questioned why the perception of my performance had apparently decreased so drastically - taking into account that in the previous year I had a satisfactory rating.  I was told that in fact last year's H1 performance had been assessed as sub-standard (short of satisfactory, but not the lowest rating).  However, at no point prior to the full-year appraisal had I been informed of this.  At the time, I put this down as a signal that I would be managed out.

Shortly after this, I was informed that my role is at risk of redundancy, as the company is planning to make over 50 employees in the UK office redundant, with the work being relocated to lower-cost countries.  It is now fairly clear to me that the purpose of the lower grade was to put me in the selection criteria for redundancy.

I have a few questions regarding this situation:

Is there any challenge that I can make to the appraisal grade - on the basis that I was not told about my supposedly deteriorating performance, or any other grounds?

Your employer probably has their own internal process for that, it should be in your employee handbook, you will need to have a read through it. If not then in theory you could probably write to your manager asking for a review of the process. As they are making more than twenty employees redundant they need to start a consultation process, have they done this? The reality is that consultation is largely a formality, but it goes give you a bit more time.
https://www.acas.org.uk/your-rights-during-redundancy/how-your-employer-must-consult-you

Anneblue said:

Offshoring: The company has stated that it aims to redistribute work to lower cost countries.  Is this legal?  Is it legal if they re-hire the same role and do not offer it to me?

Yes, entirely legal. No they do not need to offer you the offshored role.

Anneblue said:

Criteria: Does the company have to give detailed criteria on why my role was placed at risk?

It depends how you define detailed, but not really no. They are making fifty job roles redundant in the UK, you happen to be employed in one of them. 

Anneblue said:

Pregnancy Considerations: I am currently five weeks pregnant and have not yet informed my manager or the company. I feel like the timing is particularly unfortunate in the sense that the company's maternity leave is fairly generous, but I will likely be made redundant before I can take it (earliest would be 3 months before due date).  I also would not be with a future employer for long enough to qualify for statutory leave, or their enhanced maternity pay.  When would be the most appropriate time to disclose my pregnancy to my manager? Does the timing of this disclosure have any impact on my situation? I understand that, as a pregnant employee, I am entitled to priority consideration if any roles in my sector are retained. Are there any other legal protections or benefits I should be aware of related to my pregnancy?

They cannot consider your pregnancy if they have not been informed. Read the info on the link below as this is somewhat complicated. At the moment five weeks is barely pregnant so I would hold back on telling them. Any redundancy process is likely to take quite a while. 
https://pregnantthenscrewed.com/redundancy/

Anneblue said:

Is it likely to be worth me seeking advice seeking legal advice at this stage?

Not really, at least not at this stage. Taking legal advice would firstly cost you money and secondly seem rather pointless at this stage as you have not been made redundant, nor are you currently being treated unfairly from a legal perspective. 

Anneblue said:

Any insights or advice on these matters would be greatly appreciated.

Thank you in advance.

Keep your powder dry for the moment, see where the redundancy process is going. If you read the PTS information you will see that even if made redundant you would get effectively the same as if you were still employed in terms of maternity, minus a job to come back to at the end of the maternity leave.

You need to be rational about this in an employee/employer business relationship sense. From the sound of it the job is already gone, you will almost certainly be made redundant so the question is not IF it is WHEN and what package you are offered as part of that process. Rather than trying to hold back the tide it would be better to plan and negotiate the best deal available for when you are made redundant, that potentially, provided you remain pregnant, would mean full maternity benefits as per your contract, on top of redundancy pay, with holiday pay that would be accrued during that period on top, plus anything extra that they may push in your direction to smooth the process. 

Brie

Matt knows his/her stuff so maybe make a copy of that for future reference.

Also you said 
Shortly after this, I was informed that my role is at risk of redundancy, as the company is planning to make over 50 employees in the UK office redundant, with the work being relocated to lower-cost countries.  It is now fairly clear to me that the purpose of the lower grade was to put me in the selection criteria for redundancy.

In my experience down grading a group of employees strictly for the purpose of making them redundant doesn't normally happen.  What I've seen in the past is that everyone in a particular role is marked as potentially redundant so it wouldn't matter if you are the best or the worst at that point.  So there may be 50 jobs going to be chopped but there may also be 80 people in the redundancy pool.  Some, if not all, would be invited to apply for the jobs that remain.  Many people will happily take the money and go work elsewhere.  Some of the best people may be in that group in which case they may well need to look at those with lower performance ratings.  

Best of luck with the job, redundancy and future parenthood.

Anneblue

Thank you both for your comments!

Anneblue

Thanks again for your comments.

By way of further information in relation to early points, the company has an enhanced maternity package.  I understand that in the event of redundancy, I would have access to statutory leave/pay.  But I would be worse off versus retaining employment with the company.

The situation has developed somewhat and I would appreciate further advice.

Collective consultation began. During this period I told my employer about my pregnancy.  I put forward a proposal to avoid redundancy until the end of the year in order to deliver certain projects.  It was rejected.  The proposed redundancy date for a a similar role ('role X') to mine was extended until December.  Collective consultation ended.  My job remains at risk.  It was announced that the holder of role X has handed in their notice and will be leaving later this month. 

I had my first individual consultation meeting recently, and I advised the company that, for the reasons above, there was now a vacancy for the above role, and that I would like to be considered.  They said that they would take it away.  However, they also said that my protected status does not start until I am given notice.

On the face of if therefore, there is a sensible route to maintaining my employment with the company until December.  My concern is that this may not happen due to:

1. The company could pivot again to ending role X earlier than December.  Can they do that at this stage after reviewing during consultation and confirming that the role is extended?
2. The company could seek to fill the role before they serve me notice of termination.  Are they correct in saying that my protected status hasn't commenced?  On the one hand, 'officially' they haven't made a decision, so could argue they can't offer role X in case I accept but they do decide to retain mine.  On the other hand if they are correct, it feels there is limited time between serving notice and dismissal to find other roles. I can find lots of information around the requirement to offer suitable alternative employment, but little information about when they need to start doing this.  Would they be expected to hold off on filling role X until I get my decision (which is imminent)?
3. The company may say that I not suitably qualified for the role.  I know that I am.  They know that I am.  Whether a tribunal would come to the same conclusion, I don't know.  Appreciate that its hard to give specific advice without all the context that I am unable to provide, but is there any general/practical advice for this situation?

I intend to follow up in writing confirming my pregnancy status, that role X has been extended, but will soon be vacant, and pin them down on the dates when they will start recruiting for the role, and make a decision on my role.  Is there any reason why I should not do this?

If I were to be offered & accept role X, I assume the company would be able to terminate in December without further consultation, but that they would again have to offer suitable alternative employment - is that correct?

Thank you for your help.

lincroft1710

If on second thoughts the business decides it no longer needs "role X", that is that. A business cannot be forced to maintain a role unless it is required by statute or H & S, or possibly agreed with a trade union.


Remember, you may not be the only employee under consideration for the role