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Redundancy on fixed term contract

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  • Redundancy on fixed term contract

    Hi, I commenced employment as a social worker in february 2016, intially I accepted a 2 month contract but was contacted prior to commencing to advise this had been increased to oct 2016.
    In July 2016, it was further extended until feb 2017 and in Feb 2017 it was extended for 2 years until Feb 2019.

    All well so far.

    In April.2018 I was diagnosed with breast cancer. I had surgery in May 2018 and had 4 weeks off. Prior to my return to work, I submitted a fit note which gp had stated he did not need to see me before I returned to work. The week prior, I text my line manager with my actual date for return and saw him in the car park on the friday before also to advise.

    On my return to work, I went into thr office, opened my laptop and my manager came over asking me what I was doing there. I advised I had informed him of my return date and he asked me if I had a fit note. At the time I was clueless as that was the first fit note id had since 2006 so referred to it as a sick note. I said my sick note had expired and id told him I was coming back. He then quite agressively told me I must leave and do not come back without a fit note. He was saying I must leave now, its the law. This was in front of colleagues who had no idea why id been off 4 weeks as i had only told people on a need to know about my breast cancer.

    I packed up my laptop and as I got near the door, a colleague who'd had several months off sick was coming through. I paused to ask her whether she had been required to produce a fit note, before she could answer he flew back over to me and again aggressively demanded I leave NOW. Bear in mind, I had a lumpectomy not a mastectomy or serious surgery.
    I burst into tears in the car and drove to.my GP surgery who looked baffled and informed me it was my choice to return to work, my fit note was no longer relevant and to speak to HR as my manager was wrong.

    I had no idea who to speak to so contacted the section manager who said she'd look into it and would I like her to speak to HR, given the state I was in I agreed.
    She rang back and confirmed I could return and offered me an alternative location to work from which I accepted and stayed there until the end of July. My.manager also rang me that afternoon and continued with his onslaught saying he could not let me back without a fit note. I told him GP had said that was incorrect and it was not required and at one point I stopped his abuse and asked Do you have a problem with me? He denied this.


    During this period Mid June to end July on 3 occasions I raised with section manager the incident with my manager and how much it had upset me and got responses such as oh he must have been worried about you. At no point has my manager asked me how I am nor dropped an email to express any concern.

    I went off again end of july as oncologist had recommended chemo. I worked until the day before.as I had done so with surgery.

    In end of august, I was contacted by section manager to advise that the reviewing officer was leaving and they were upgrading that position to social worker. They would also be taking on agency in interim. I enquired whether this role would be given to me as I had been employed there as a social wotker for over 2 years. SM said as it was a "new" post I would have to apply which I did in the middle of chemo.
    I returned to.work in my original office start of Oct, just 2 weeks after last chemo, bald and vulnerable. I had 4 weeks phased return and used this to complete 4 weeks of daily radiotherapy. I was interviewed for the "new" job end of Oct but did not get it, the entire team predicted who would and sure enough he did, the agency worker.

    On 8th Jan I had a meeting with SM who informed me that her manager wanted to make my post into.... a reviewing officer/occupational therapy assistant post, basically what they had just replaced with the new social work post. She said there was no guarantee it would be approved so sit tight and theyd put me on the redeployment register. She also advised of a redundancy figure if my job were to end, 3x 1.5 which was about 3k

    Couple of days after, I received a letter from HR to inform me my contract was ending 31st march, access to redeployment and redundancy figure. The SW who got the "new" job didnt formally start until 16th Jan.

    I have shown this to the union who informed me that regardless of whether the reviewing officer/ota post is approved, im gone.
    To date, only one suitable post has come up, not entirely in my skillset and I went to pieces, it was a disaster.

    The union are questioning how I was selected for redundancy. The redundancies extend to me and me alone.
    I have appealed it and raised a grievance with head of service, I was not told I had a right to appeal by HR or SM.
    The post they claim is new is exactly the same job spec, duties, salary, title, location as the one I am doing.
    I have queried why due consideration was not given to making my post permanent previously.

    Is there anything else I could add?

    Union rep works in transport or something and was difficult to explain the roles. In a nutshell, they had an ARO who carried out some OTA tasks. She left, they upgraded her post to SW post whilst I was battling breast cancer, they tell me im redundant prior to the exactly the same post commencing employment.

    I have not added the incident regarding managers behaviour to the grievance but it will come out at some stage.
    I really feel there is collusion going on, proving it another matter.
    Tags: None

  • #2
    Hi, I am sorry to hear about your situation and hope that your treatment has been successful.

    So, the union have asked a very appropriate question about how you were selected for redundancy, since although you were on a fixed term contract you do have qualifying service i.e. over two years.

    It seems from what you have said due process has not been followed in terms of redundancy consultation nor were you given the right to appeal your dismissal – is this correct?

    What was the date of your grievance letter and have you had any date yet for attending a grievance meeting?

    Can I just ask if the role that you went to in the new office in July 2018 was a SW role? The agency interim role was that in the section you were working in or the section you had been moved from in May 2018? Are these two sections in the same location?

    Sorry there are more questions than answers but need to establish the full information to give you proper guidance. Also I will not be around tomorrow but if you do come back with responses I will be back on the forum on Fri or someone else may be along in the meantime to help you.


    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

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    Comment


    • #3
      Hi, I originally attended an absence review meeting on 8th Jan however Ive had no absence as i have worked straight since 2 weeks post chemo so SM then brought up redundancy. She reassured me with sit tight etc. I was blindsided. I was never told in advance si had no option to bring union with me. At no point since 8th Jan have I been informed verbally or in writing any right to appeal.

      I wrote to head of service on Monday this week firstly to appeal redundancy having bring informed I could and to raise a grievance. HoS has sent it back saying I need to direct to the section manager in 1st instance. Union believe this is incorrect and is waiting to speak to HR.

      I have been employed as a SW consistently on the same team, (there are 5 teams across county) in the same office with the same duties as the other SWs there. I occasionally get given work for another team but my base remains the same although we employ wise working and can work from anywhere.

      In July, the reviewing officer left, I was on chemo so they brought agency in as a social worker. I was informed they were upgrading the RO post to a social work.one so again same team, same locality, same everything. I was told I had to apply as they claimed it was a "new post" The job spec, salary, manager, duties, absolutely everything os the same


      The only reason.I.worked between mid june and end of July in another locality was because of my managers aggressive behaviours, we also employ wise working so can work at any locality but retain a team and manager as was the case.



      Comment


      • #4
        The situation is that having completed over 2 years on a fixed term contract, if the work ends after that period then you may be entitled to a redundancy payment and will be entitled to the same redundancy rights as a permanent employee. So, I believe that the referral to redundancy in the meeting on 8th Jan may be have been in connection with the fact that your fixed term contract was not going to be extended after its current term ends.

        If an issue cannot be resolved informally then you have the right to raise a grievance as you did earlier this week and effectively the organisation has to deal with it either in accordance with its grievance procedure or if one does not exist, the ACAS guidelines.

        The other thing that needs to be taken account of is the employees will automatically be protected against discrimination under the Equality Act 2010 from the day they are diagnosed if they have cancer.

        Where you provided with any feedback as to why you did not get the job after your interview in Oct?

        Have the union managed to get back to you about the process for your grievance yet?
        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

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          Yes, i did not mention advocacy. Ive emailed hr today to ask if i get slot in rights to the vacancy in the other locality. Theyve asked if its the same location and manager, to which ive replied no but i share work with them. If they say i dont have slot in rights because its a different manager and team then how could they deny me slot in rights for the new post on my own team last year?
          Theres a lot deeper issues to do with whos friends with who. They cannot fault performance but they seem intent on pushing me out the door, theyve even sent an exit interview request for next month!
          I live in the authority. Previously i travelled 60 miles to my last job. I do not have the physical strength to cope with that anymore so I will not go without a fight.

          Comment


          • #6
            What should i include in appeal letter? Ive been given formal notice now so appeal rules kick in.
            My main bone of contention is why have I been singled out for redundancy as a social worker when they have just recruited into the same post, same manager, same team and put me through an interview for it whilst having active bc treatment when at the time the vacancy came up I should have had slot in rights.
            I have a redeployment interview but its not until the week im leaving

            Comment


            • #7
              You have not been singled out for redundancy it is the fact that a fixed-term employee is entitled to a statutory redundancy payment in exactly the same way as a permanent employee i.e. where they have been employed for at least two years and are dismissed as redundant.

              In my opinion any appeal should be about the recruitment process last Oct and whether there was any disability discrimination (this is relevant since The Equality Act protects you from the time you were diagnosed with cancer) in regard to the slotting in rights (of which you have a better understanding than me). The result of this potential discrimination has led to someone else being appointed to the position with the result that your contract has not been extended since there is no SW position in the team. The consequence of this is the current redundancy situation you face.
              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

              I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

              I do my best to provide good practical advice, however I do so without liability.
              If you have any doubts then do please seek professional legal advice.


              You can’t always stop the waves but you can learn to surf.

              You are braver than you believe, smarter than you think and stronger than you seem.



              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Comment

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