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Constructive dismissal/redundancy

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  • Constructive dismissal/redundancy

    Hi,

    I'm writing here for some advice. Apologies about the length of this but it is a somewhat lengthy background.

    I am facing possible redundancy. The situation is that I was recruited to create a software solution for the company I work for. I created it and expanded it over the last 8 years to be a very wide reaching solution. It is always used in any sales and bid literature and is one of the selling points for the company. There have been multiple aspects to the software covering various platforms and service lines.

    Along the way I have been made various promises about bonuses and share schemes by the directors. Each time there has been some impediment to the implementation and that these would be coming soon.

    Last year a move to integrate some other systems was being made, one solution (and the generally preferred one) was to use my system to connect the others up. Then out of the blue comes the announcement that a completely different solution was to be adopted.

    This started to be analysed in the background with no consultation to me. Finally I spoke to the MD and he informed me that because of this new system I was up for redundancy.

    I was advised to start thinking of other roles that I could fill in order to avoid this redundancy. A side project that has long been under utilised became the focus and has resulted in some teriffic progress.

    I have since found out that the process for evaluating what the new system would do missed out on a lot of key information - the particpants would have known about that information however. This means that the new system needs a lot of bolt ons to bring it to the level of mine. It is a very ancient looking system, training would be needed to a massive degree. I was notified that the risks of the in house system are too great. None of it makes any real sense.

    I am convinced that the MD had it in for me ever since I made a comment to one of the shareholders that his ability to manage the company seems stagnant, that comment was said in confidence because of my worries that the company seemed to be going backwards. In a private communication to an ex director on a social network I said that the company had weak management and had multiple broken promises. The message to the ex director ended up going by email from said social network to the inbox of the MD as the directors emails were being forwarded following his departure.

    I am now in the position that I am feeling that the company is doing what it can to replace my solution with an inferior one as a mechanism to get rid of me, some part of the new system is a good plan as then company needs that element. One of the shareholders told me that the more cost savings the MD made the bigger his bonus.

    Recently to clear up what my role actually entails I asked the HR Director for a copy of my job description and was told that there is not one on file.

    I am now unsure what to do. Plainly I would get some remuneration based on normal redundancy rules and also would have the notice period. Following the demonstrable benefits that my work brought to the business and the promises made to me a redundancy does feel like a pocket lining exercise for the MD.

    At the moment I feel that they are pushing me out, hoping that I jump ship.

    Any advice?
    Tags: None

  • #2
    Firstly, if there is a redundancy situation then the company needs to follow a consultation process with you. Redundancies are a form of dismissal and can happen when an employee's job no longer exists, due to an employer needing to reduce their workforce, close the business, or certain work is no longer needed.

    When were you advised to start considering other roles? Has there been any further “consultation” with you about the situation?
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

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    Comment


    • #3
      Originally posted by Ula View Post
      Firstly, if there is a redundancy situation then the company needs to follow a consultation process with you. Redundancies are a form of dismissal and can happen when an employee's job no longer exists, due to an employer needing to reduce their workforce, close the business, or certain work is no longer needed.

      When were you advised to start considering other roles? Has there been any further “consultation” with you about the situation?
      Consultation has been very basic and they still have no idea how complete this other solution will be so are dragging it out. The fact that they dont have a job description for me is very worrying.

      Comment

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