Redudancy consultation started

[Andydis]

Hello

Hello,
I am in urgent need of some advice please,
I have been having some health issues recently and my OCC Health advised the business i should do some WFH and reduced hours, I have been WFH every Wednesday but not really reduced my hours in order to keep up with demand on the role.
2 weeks ago I had a PDR (performance and development review), where it was agreed there are too many "objectives" set by the business (or my line manager) in 2020 to be completed by me and my team I manage,* and* most likely some will fail because of this ( and the size of my team).

Next thing I know I was called into a formal meeting and advised my role is too much for 1 person and because of this my role is at risk of redundancy , with a view to re-structure and split my role into 2 jobs, albeit " no decisions have been made" and the consultation period starts now ending March 25th.

they have hinted they would like me to take one of the 2 roles.

I have NOT had* a formal letter of any kind , just the meeting notes informing me what was said to me as above.
I have NOT had the salary information as yet for the "new role" but i have had the JD.
I emailed and asked about the Selection process - there wasn't one because it was only 1 role at risk
I emailed and asked about the criteria for selection - there wasn't one because it was only 1 role at risk
I emailed to ask about the redundancy appeal procedure - there isn't one**
I emailed to say I have been discriminated against because of my ROLE
I have emailed to ask for my redundancy calculations, no reply as yet.
I have emailed to ask if voluntary redundancy is available*

i have emailed to ask for "A copy of all documents used to base your redundancy decision*but the reply i GOT was*

This proposal is a result of various ongoing strategy discussions at Director level which were either undocumented as is normal practice as these were not formal meetings, or formed part of confidential strategy documents which I am happy to discuss but not at liberty to share at this time.
There was some emailed to and back and giving me the runaround of other stuff too but will not go into*that.*


my questions if anyone knows the answers too?
- can they do this?
- is this legal, I feel like I have no choice and "bullied" into this
- why dont they just hire me more staff ( I am an manager) or an assistant manager
- if the new role is less than my current pay (which i imagine it will be), can i refuse it on financial basis
- if the new role is accepted by my , does my occ health reasonable adjustments ( WFH) still stand?
- How can i make an informed decision with not all the information available to me?
- the redundancy I argue is incorrect because its based on performance.*
- the whole process just feels not right , like they are not even following a process and making it up as they go along.*
- if this ends in tribunral will it cost me*

PLEASE HELP!
I have spoken to my union rep and he is sooo hard to get hold of and when i do feels that it is going OK.*

[ULA]

Sorry I just have a couple of questions in order to be able to respond more fully.

Are you the only person that performs the role that you do?
What is the job title of the role that you do and do you know the ones of the new jobs are they creating?

However as a general overview given that it appears to be a one job affected only situation then at the first meeting they should have explained the reasons for potentially making your job redundant and what the process will be. As a one job affected situation there will be no pool of people affected or selection criteria. They should also have discussed ways in which they are trying to mitigate making redundancies, which by what you have said in this case is the creation of new roles, the potential redundancy package and when the redundancy may take place. This should then be followed up with a letter confirming all the main details of the meeting.

You should be asked to present any ideas of your own that could avoid the redundancy situation in which case, at your next meeting, you can discuss the possibility of hiring new staff.

If you are offered a suitable alternative position then the suitability could depend on the salary and other terms and conditions being offered

Dependent on the new role, you may need to undertake a new assessment by OH to ensure it takes account of any new environment you may be working in as the reasonable adjustments may need to be amended.*

Redundancy consultation is a process which consists of more than one meeting at which information is provided. In the case of the new jobs

not all the details

may be available now but must be by the time they are offered as a suitable alternative position for you to make a decision. Remember you also have the chance for a 4 week trial period.*

If you did consider that you had a case to make at an Employment Tribunal then there is no cost to make a claim and if you are in a union you may be able to get support from them to assist you in the case. If not and you did not want to pursue the case on your own behalf then, if you hired a solicitor, this would be an expense to you which you would be unlikely to recover even if you were successful in your claim. *

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