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Redundancy & Constructive Dismissal

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  • Redundancy & Constructive Dismissal

    Hi All,

    This is my first post so please be gentle.

    I am approaching a sticky predicament at work and i'm after a little guidance.

    There have been rumors for a while about redundancies, In December a careless director left a file on an unsecured drive which showed the budget for 2013 and a proposed restructuring for my business unit for 2013. This file seems to indicate that a role in my department (amongst others) will be made redundant. It seems clear that there are only 2 members in the dept that are at risk, myself and one other.

    The reason i believe this to be the case is that there are only 2 of us that don't have cross functional skills, i look after my brands he looks after his, now this is why i feel i am at great risk.

    The area of contention is that i have requested training (initially verbally and then in writing) on the other brands and it has been ignored and 'diplomatically' refused, however, the other member of my team has/is being trained on my brand systems etc. As this is putting my in a disadvantaged position and not giving me a fair chance to avoid redundancy could it be considered as constructive dismissal?

    Any help or guidance would be greatly appreciated.

    Many Thanks
    Tags: None

  • #2
    Re: Redundancy & Constructive Dismissal

    No. If you don't mind, can I send you to somewhere else, to save me a great deal of typing? http://www.redundancyforum.co.uk/fre...ive-dismissal/

    And if you believe that redundancy is coming, then you would be most unwise to go down a route of claiming something that you would, at the best of times, have almost no chance of winning, when unfair selection for redundancy or unfair dismissal have better odds of success.

    But in terms of your specific query here, neither would be strong claims on these grounds. There is no right to be trained, and "putting you at disadvantage" isn't actually an unlawful act, unless the basis of the decision to do something is unlawful discrimination on protected characteristics - things like race or gender. I am afraid that the best that you might have here is "writing on the wall" - and it may be unwise to even consider it that. Putting your job at risk does not mean that you have no future with the employer - there may be other vacancies, even assuming you are unsuccessful at this one. But it is perhaps a good reason to brush off your CV and test the market.

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