Voluntary redundancy/constructive dismissal - was it fair?

angelfire
angelfire Posts: 866
First Anniversary Combo Breaker First Post
Forumite
Query now answered!

Many thanks!

Comments

  • Brynsam
    Brynsam Posts: 3,643
    First Anniversary Name Dropper Combo Breaker First Post
    Forumite
    Are these 'friends/colleagues' legally qualified? Thought not!

    The paperwork/agreement you signed would almost certainly have precluded any claim, but you are also way out of time for any such claim if your redundancy was 2 years ago.
  • nicechap
    nicechap Posts: 2,852
    Name Dropper First Anniversary First Post
    Forumite
    !!!!!!!!! wrote: »
    2 years ago I opted for voluntary redundancy after being told the school i worked for was federating and as there was a person in each school performing the same role, only one would be available.

    The other person had more experience than me, and other factors meant that I would never have had a real chance of securing the role, so i took voluntary redundancy.

    Less than 18 months later, the federation now has the role I could have applied for, but also they have employed/promoted two others into what would have been my old role (one in each school).

    Friends/colleagues are telling me that this is not legal and that a certain amount of time needed to have elapsed before they made these roles available, as they are the exact same as what i was doing, but I'm not sure?

    I signed paperwork/an agreement when I went through the redundancy, which I'm guessing prevents me from making a claim, but I would like to be sure.

    Can anyone with legal knowledge shed any light please?

    Many thanks!

    If you want legal knowledge, have a chat with a solicitor, many do free 15 min sessions, or try CAB but don't act on their advice without getting professional advice too.

    Things that would be helpful to know:

    Did you sign a settlement agreement?

    How do you know that two people are doing your old role? And is it exactly your old role? In which case, why are 2 people doing it?

    What is it you're hoping for? (You've already had voluntary redundancy).
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • ReadingTim
    ReadingTim Posts: 3,970
    Name Dropper First Anniversary First Post
    Forumite
    How do you know "the role I could have applied for" hasn't come about because "the other person" has left?

    But regardless of that, you volunteered to go. You didn't have to - you could have gone through the proper redundancy process. Had you done that, you might have had a claim of constructive dismissal, but you felt the other person had more experience, so that's probably a non-starter too. You might have got a better pay-off than merely statutory, plus any agreement you signed probably waives any ability to make a claim.

    Your friends/colleagues are talking rubbish, but if there's now a job vacancy and it's exactly the same as the job you used to do, then why not apply?!?
  • lulu650
    lulu650 Posts: 1,158
    Name Dropper First Anniversary First Post
    Forumite
    As you appear to have signed a settlement agreement two years ago there is no legal route to take. A settlement agreement is confidential so your friends wouldn't know the details of this.

    You can of course apply for any vacant job at the school but just check that there is no clause in your agreement precluding you from applying.
    Saving money right, left and centre
  • angelfire
    angelfire Posts: 866
    First Anniversary Combo Breaker First Post
    Forumite
    All of the above as expected! Many thanks for your replies!
  • ReadingTim
    ReadingTim Posts: 3,970
    Name Dropper First Anniversary First Post
    Forumite
    !!!!!!!!! wrote: »
    All of the above as expected! Many thanks for your replies!

    Please note that it's considered bad form to delete your initial post / question as it means that others who might be in a similar position can't benefit from seeing the answers in context.
  • ohreally
    ohreally Posts: 7,525
    Combo Breaker First Post
    Forumite
    !!!!!!!!! wrote: »
    Query now answered!

    And query already quoted so why delete?
    Don’t be a can’t, be a can.
  • Masomnia
    Masomnia Posts: 19,506
    Name Dropper First Post First Anniversary
    Forumite
    You have three months less one day from your date of termination to bring a claim for unfair dismissal, so not a lot you can do now.

    The settlement agreement may have prevented you from making a claim, provided it was done properly.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • Ozzuk
    Ozzuk Posts: 1,884
    First Anniversary First Post
    Forumite
    Business requirements change, our HR advised me as little as 6 months was required before advertising a role previously made redundant. Its also not difficult to change the role.

    All a moot point though, you took VR so nothing you can do.
  • getmore4less
    getmore4less Posts: 46,882
    Name Dropper First Anniversary First Post I've helped Parliament
    Forumite
    Ozzuk wrote: »
    Business requirements change, our HR advised me as little as 6 months was required before advertising a role previously made redundant. Its also not difficult to change the role.

    All a moot point though, you took VR so nothing you can do.


    You can re advertise the same role the day after you have terminated someone if the business conditions have changed.

    could be something as simple as loosing a contract getting rid of people on the Friday then getting a new contract on the Monday so need people again.

    Many places like to put a 3 month rule in place as that times out most ET claims as they are costly even if you know as employer you will win.


    reading the OP(quoted) this situation is a little different.

    guessing a scenario.

    Looks like they made a business decision to combine the role in 3 schools into one

    At some point they realized this may have been a mistake and they really needed one in each school after all and fill those positions.


    in a situation like that I think most places would wait for the risk of an ET claim to pass unless the business was really suffering.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.4K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards