Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • angelfire
    • By angelfire 15th May 18, 11:03 AM
    • 835Posts
    • 185Thanks
    angelfire
    Voluntary redundancy/constructive dismissal - was it fair?
    • #1
    • 15th May 18, 11:03 AM
    Voluntary redundancy/constructive dismissal - was it fair? 15th May 18 at 11:03 AM
    Query now answered!

    Many thanks!
    Last edited by angelfire; 15-05-2018 at 12:43 PM. Reason: Query answered in full by responses
Page 1
    • Brynsam
    • By Brynsam 15th May 18, 11:22 AM
    • 1,279 Posts
    • 876 Thanks
    Brynsam
    • #2
    • 15th May 18, 11:22 AM
    • #2
    • 15th May 18, 11:22 AM
    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
    • By nicechap 15th May 18, 11:23 AM
    • 1,217 Posts
    • 2,517 Thanks
    nicechap
    • #3
    • 15th May 18, 11:23 AM
    • #3
    • 15th May 18, 11:23 AM
    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!
    Originally posted by !!!!!!!!!
    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).
    “Never argue with an idiot. They will only bring you down to their level and beat you with experience.” - George Carlin
    • ReadingTim
    • By ReadingTim 15th May 18, 12:00 PM
    • 2,774 Posts
    • 3,979 Thanks
    ReadingTim
    • #4
    • 15th May 18, 12:00 PM
    • #4
    • 15th May 18, 12:00 PM
    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
    • By lulu650 15th May 18, 12:35 PM
    • 889 Posts
    • 965 Thanks
    lulu650
    • #5
    • 15th May 18, 12:35 PM
    • #5
    • 15th May 18, 12:35 PM
    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
    • By angelfire 15th May 18, 12:42 PM
    • 835 Posts
    • 185 Thanks
    angelfire
    • #6
    • 15th May 18, 12:42 PM
    • #6
    • 15th May 18, 12:42 PM
    All of the above as expected! Many thanks for your replies!
    • ReadingTim
    • By ReadingTim 15th May 18, 12:49 PM
    • 2,774 Posts
    • 3,979 Thanks
    ReadingTim
    • #7
    • 15th May 18, 12:49 PM
    • #7
    • 15th May 18, 12:49 PM
    All of the above as expected! Many thanks for your replies!
    Originally posted by !!!!!!!!!
    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
    • By ohreally 15th May 18, 12:53 PM
    • 6,682 Posts
    • 5,206 Thanks
    ohreally
    • #8
    • 15th May 18, 12:53 PM
    • #8
    • 15th May 18, 12:53 PM
    Query now answered!
    Originally posted by !!!!!!!!!
    And query already quoted so why delete?
    Don’t be a can’t, be a can.
    • Masomnia
    • By Masomnia 15th May 18, 6:15 PM
    • 17,243 Posts
    • 38,271 Thanks
    Masomnia
    • #9
    • 15th May 18, 6:15 PM
    • #9
    • 15th May 18, 6:15 PM
    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
    • By Ozzuk 16th May 18, 7:42 AM
    • 1,366 Posts
    • 1,999 Thanks
    Ozzuk
    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
    • By getmore4less 16th May 18, 10:19 AM
    • 32,402 Posts
    • 19,466 Thanks
    getmore4less
    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.
    Originally posted by Ozzuk

    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.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,330Posts Today

8,263Users online

Martin's Twitter
  • RT @TimboBagginses: @MartinSLewis Such a good idea. My ex and I have had to negotiate who will 'accept the blame' and what 'type' of blame?

  • Delighted to hear a private members bill is proposing to take the need for someone to be at fault out of an agreed? https://t.co/0vQSRKqREh

  • RT @GMB: Is it just @MartinSLewis that has an 'overseas wallet' or are you less organised with your holiday spending plans? ????

  • Follow Martin