Dismissed on the grounds of redundancy
Comments
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And now you are doubly screwed! You have another job. Before your statutory notice period begins. That means that you can't claim redundancy pay.One of the issues is that once I had been offered the job that I felt was unsuitable I went looking for an alternative. A job fell into my lap that I currently have a conditional offer for. It’s a lower grade but less travel and more similar to the work I have been doing.
At this point I expect no payment (despite my belief that I am entitled). As I can’t afford to go to tribunal I just want to negotiate a quick exit.
Going to a tribunal doesn't cost anything now, but you are right that you can't afford to go- the employer has a slam dunk case, and you would be being litigatious - which might result in them pursuing you for costs.
I'm afraid your belief is entirely wrong.
BTW, I missed the suitable alternative. It is suitable. Sorry, you'd never win at tribunal. Three years pay protection is a clincher - six months pay protection would be sufficient for a tribunal. And additional training would make you more employable by increasing the number of areas of work you had available to you. I appreciate you may not want to do this, but the law disregards what you want. That would never be a factor in their decision making.0 -
What costs exactly do you think you will incur taking them to a tribunal before the outcome?Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked0
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Do your internal processes define what grounds can be used to determine "suitability" of an alternative role? Ours do, and you're working for a similar sized organisation.
What does the union say?:heartpuls Mrs Marleyboy :heartpuls
MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote
Proud Parents to an Aut-some son 0 -
Best not to turn down jobs but to argue suitability in the first instance.
If it is not an immediate fit and requires training there is scope for an extended trial period, you need to have the training schedule and the relevant assurances it will be funded.
Is the new job NHS the best option is usually to retain continuous employment unless ready to exit and go private the a redundancy or MARS can work.0 -
As you said in your original post
So they've tried to find you suitable employment but you turned it down , so the employer hasn't just found you any old job.
Tried is a strong word. There was no offer of SAE until a lad on the band below me with a quite different role handed in his notice. I was offered his post within 24 hours.0 -
Takeaway_Addict wrote: »What costs exactly do you think you will incur taking them to a tribunal before the outcome?
I understand that tribunal is free but the cost of representation is expensive.0 -
The whole situation is getting me down and making me feel quite unwell.
I know I will lose my job and not be compensated and feel extremely let down by my employers and union.
I currently work 2 part time jobs. I now hate this one and dread going in feeling nauseous about it. I’ve succumbed to calling in sick twice now. 20 years ago I suffered with post traumatic stress disorder and I recognize some of those symptoms in myself now. I love my other job but am worried that the stress of this situation will start to affect that one.
I really just want out now as soon as possible. As a self protection thing. I would love some compensation as I will be on a lower income in the new job but my mental health is more important. The long build up to this (over 6months) has really had an effect.0 -
Your union can't change the law. Nor can they change NHS policy. They aren't there to get you what you want. That is an impossible ask. They are there to ensure your legal and contractual rights are adhered to. They have been. You refused suitable alternative employment. You went off and found another job. They did neither of these things for you. So they haven't let you down.
I'm sorry, but three years pay protection is one of the best deals in the world! Literally. An employment tribunal is likely to conclude that even 3 months would be a suitable alternative; 6 months certainly. And you had 3 years on offer. It may not be what you wanted, but as Had been explainedcv the law isn't about what you want. The employer is obliged by law and policy to do everything in their power to not make you redundant. I don't think you realise how fortunate you are. You have had multiple options. Most people have none.0 -
Your union can't change the law. Nor can they change NHS policy. They aren't there to get you what you want. That is an impossible ask. They are there to ensure your legal and contractual rights are adhered to. They have been. You refused suitable alternative employment. You went off and found another job. They did neither of these things for you. So they haven't let you down.
I'm sorry, but three years pay protection is one of the best deals in the world! Literally. An employment tribunal is likely to conclude that even 3 months would be a suitable alternative; 6 months certainly. And you had 3 years on offer. It may not be what you wanted, but as Had been explainedcv the law isn't about what you want. The employer is obliged by law and policy to do everything in their power to not make you redundant. I don't think you realise how fortunate you are. You have had multiple options. Most people have none.
I do understand this which is why I stated that I know that I won’t get any compensation.
I am surprised there isn’t more protection.
Because some are in a worse position doesn’t mean that I shouldn’t feel agrieved about my situation. Race to the bottom?
I don’t feel the role offered is suitable as it will require me to throw away 23 years of training and experience and start retraining from scratch. Essentially !!!!!!s up my career. This is of more value to me than the pay protection. I know that the law doesn’t seem to rate this as a factor.
I intended to continue my career in this department possibly to retirement. I love(d) the people and the place so this does hurt a lot.
The new job I applied for was only after the offer of alternative employment was made. Would prefer a pay loss to throwing away my knowledge and experience.
Despite apparently having no legal rights in this I do have every right to feel royaly f’d off about it.0 -
You may well do. But it is not about a "race to the bottom" as you put it. It is about the fact that you have, as is your right, exercised your right to make choices. But redundancy pay is not a leaving gift. It is intended to compensate people for having no choices. You had choices. You used them. You can't have everything. You could have taken the alternative, which gave you three whole years to find a better job, in the right area, and do what you wanted. You choose not to take that. So you chose to take another job at lower pay. These were all your choices, but you seem to blame everyone and everything else for them. You had a lot of "legal" rights - better than most people do - and you chose to go another route. That's great. But don't blame others. The right to retain your pay and conditions for three years whilst learning new skills and extending your professional expertise is hardly to be sniffed at. The fact you don't see it that way is perhaps the problem.I do understand this which is why I stated that I know that I won’t get any compensation.
I am surprised there isn’t more protection.
Because some are in a worse position doesn’t mean that I shouldn’t feel agrieved about my situation. Race to the bottom?
I don’t feel the role offered is suitable as it will require me to throw away 23 years of training and experience and start retraining from scratch. Essentially !!!!!!s up my career. This is of more value to me than the pay protection. I know that the law doesn’t seem to rate this as a factor.
I intended to continue my career in this department possibly to retirement. I love(d) the people and the place so this does hurt a lot.
The new job I applied for was only after the offer of alternative employment was made. Would prefer a pay loss to throwing away my knowledge and experience.
Despite apparently having no legal rights in this I do have every right to feel royaly f’d off about it.0
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