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Unfair dismissal?
LouiseRVN
Posts: 7 Forumite
Hi everyone, just after some advice on whether my redundancy would be considered unfair or not. I believe the correct process was followed with regards to notice etc.
I was working 28 hours a week over 3.5 days. After returning to work after maternity leave on February 2017, I submitted a flexible working request to reduce my hours from 32 hrs/ 4 days to 28hrs/ 3.5 days and to not work any late shifts (finish no later than 5pm) due to being the parent responsible for childcare. This was accepted by the company
During the redundancy process I was informed that the position would have to be made a full time position. I was offered to go to full time but was unable to due to not being able to get childcare in place. I was offered a job share but was told they couldn't recruit for someone to work 12 hrs/ week so I would have to reduce to 20hrs/ week. There were other part time employees that were made redundancy who weren't offered a job share.
The other issue is that they were also restructuring and if I accepted either 20or 40 hrs week I would have to work late shifts (until 7.30pm) every other week. This was not possible due to only having childcare until 6pm and my husband working away. As I couldn't accept the job offered i was made redundant.
I made a formal complaint in writing and we are currently in early conciliation through acas. I submitted a settlement proposal based on 12 mths of loss of earnings, additional travel costs for new job etc. The offer currently on the table is just over half of what I proposed and doesn't cover loss of earnings.
Out of 12 employees in the pool there was 1 voluntary redundancy and 7 compulsory redundancies. Out of the 7, 5 were part time and 2 were final year students with no guarantee of a position once qualified. The 4 that kept their jobs were all full time and 3 of them were on new contracts (company had changed hands 18 mths before).
Is it worth going to employment tribunal or do I take what is offered? I've been unable to get much advice without paying for an appt with a solicitor.
I was working 28 hours a week over 3.5 days. After returning to work after maternity leave on February 2017, I submitted a flexible working request to reduce my hours from 32 hrs/ 4 days to 28hrs/ 3.5 days and to not work any late shifts (finish no later than 5pm) due to being the parent responsible for childcare. This was accepted by the company
During the redundancy process I was informed that the position would have to be made a full time position. I was offered to go to full time but was unable to due to not being able to get childcare in place. I was offered a job share but was told they couldn't recruit for someone to work 12 hrs/ week so I would have to reduce to 20hrs/ week. There were other part time employees that were made redundancy who weren't offered a job share.
The other issue is that they were also restructuring and if I accepted either 20or 40 hrs week I would have to work late shifts (until 7.30pm) every other week. This was not possible due to only having childcare until 6pm and my husband working away. As I couldn't accept the job offered i was made redundant.
I made a formal complaint in writing and we are currently in early conciliation through acas. I submitted a settlement proposal based on 12 mths of loss of earnings, additional travel costs for new job etc. The offer currently on the table is just over half of what I proposed and doesn't cover loss of earnings.
Out of 12 employees in the pool there was 1 voluntary redundancy and 7 compulsory redundancies. Out of the 7, 5 were part time and 2 were final year students with no guarantee of a position once qualified. The 4 that kept their jobs were all full time and 3 of them were on new contracts (company had changed hands 18 mths before).
Is it worth going to employment tribunal or do I take what is offered? I've been unable to get much advice without paying for an appt with a solicitor.
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Comments
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12 jobs became 4.
They offered you one of the full time positions, and they offered you a job share but at 50/50.
Their process seems fair so you would therefore be entitled to standard redundancy.
If they are offering you more than this then I would take it!Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
It sounds like they offered you several alternatives but as you are quite restricted in your working needs/hours you couldnt come to an agreement. Not much more they can do - they are trying to run a business.You're not your * could have not of * Debt not dept *0
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Hi everyone, just after some advice on whether my redundancy would be considered unfair or not. I believe the correct process was followed with regards to notice etc.
I was working 28 hours a week over 3.5 days. After returning to work after maternity leave on February 2017, I submitted a flexible working request to reduce my hours from 32 hrs/ 4 days to 28hrs/ 3.5 days and to not work any late shifts (finish no later than 5pm) due to being the parent responsible for childcare. This was accepted by the company
During the redundancy process I was informed that the position would have to be made a full time position. I was offered to go to full time but was unable to due to not being able to get childcare in place. I was offered a job share but was told they couldn't recruit for someone to work 12 hrs/ week so I would have to reduce to 20hrs/ week. There were other part time employees that were made redundancy who weren't offered a job share.
The other issue is that they were also restructuring and if I accepted either 20or 40 hrs week I would have to work late shifts (until 7.30pm) every other week. This was not possible due to only having childcare until 6pm and my husband working away. As I couldn't accept the job offered i was made redundant.
I made a formal complaint in writing and we are currently in early conciliation through acas. I submitted a settlement proposal based on 12 mths of loss of earnings, additional travel costs for new job etc. The offer currently on the table is just over half of what I proposed and doesn't cover loss of earnings.
Out of 12 employees in the pool there was 1 voluntary redundancy and 7 compulsory redundancies. Out of the 7, 5 were part time and 2 were final year students with no guarantee of a position once qualified. The 4 that kept their jobs were all full time and 3 of them were on new contracts (company had changed hands 18 mths before).
Is it worth going to employment tribunal or do I take what is offered? I've been unable to get much advice without paying for an appt with a solicitor.
Why is your employer responsible for your lack of childcare because you want your husband to carry on working?
I think your expectations need to be adjusted significantly.0 -
Is it worth going to employment tribunal or do I take what is offered?
You are very lucky to have been offered this. Realistically from what you have said your redundancy was completely lawful and you have no right to a claim.
If you refuse the offer, this could go to tribunal which you have a high chance of losing.
This is a good example, though, of where taking stuff to early reconciliation can pay off, even when technically you have little right to compensation.0 -
might as well take it!0
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Thanks for all the replies, you have confirmed what I was already thinking and will accept the offer.0
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My thoughts exactly: she was one of only four offered something, the firm even giving her other alternatives which she also refused because it didn't meet her EXACT needs! And then she wants to take them on over it! The mind boggles over some people's expectations!Why is your employer responsible for your lack of childcare because you want your husband to carry on working?
I think your expectations need to be adjusted significantly.0 -
My thoughts exactly: she was one of only four offered something, the firm even giving her other alternatives which she also refused because it didn't meet her EXACT needs! And then she wants to take them on over it! The mind boggles over some people's expectations!
That's a little bit rude! I wasn't one of four offered anything, I was offered full time or working half the time on late shifts. Both of which were a huge contrast to what I was working so was made redundant.
I've only been offered extra because I went through acas and started the process of employment tribunal.
I apologise if my expectation of wanting to be offered a reasonable alternative as a part time working mother with 10 years of service offends you so much.0
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