Redundancy consultation process - disability

[Stepcore]

Hi

i am hoping for some advice.

yesterday out of the blue I was invited to a teams call with myself my MD and an outsourced HR person.

on the call I was told there was a review of process and my role was no longer needed and may result in redundancy.

bit of history

i have been employed by the company for 10yrs (2013) promoted to uk senior sales manager after 2yrs (2015).

In October 2020 the company was sold to a larger company and we were reassured nothing would change. Current MD/owner would stay on and would be business as usual.

Feb 2021 someone employed as operations director that I now had to report to and had nothing further from the MD.

Sept 2022 some major changes to how the business traded I had to support my team with how unsettling this was again reassured that was all in the interest of progress and our jobs were all safe. Jan 2023 the old MD was no longer a director and operations director is now the MD but does have to answer to the parent company.

I have diagnosis of depression, Borderline personality disorder prior to 2020 which was fully disclosed and then during lockdown I was diagnosed with tinnitus & sound sensitivity jul’20, type2 diabetes Aug’20, pain and fatigue took many appointments passed from pillar to post, also many eye problems and an operation, I was finally diagnosed with fibromyalgia apr’22 and hav just been referred to rheumatologist as pain and fatigue has increased recently I have been open and honest throughout.

Members of my team have been promoted and new people have been taken on in what I was told to help me be able to continue working and for my health.

Now it seems that has now meant my job role is not required any more.

I did ask in the teams call if this was to do with my illness and told no.

They have said the next meeting on Tuesday we will discuss if I can be redeployed into another role.

I just don’t know what to do next and feel very unsettled and scared about how I will manage on either a lower wage or redundant.

[ULA]

This process can, as you say be very unsettling and I can appreciate this having been in the same situation in the past. From what you have described a reorganisation/restructure has led to your position in the company no longer being required and as such the company has commenced a redundancy consultation process with you.

As part of that process consideration needs to be given as to whether you can be offered a suitable alternative position within the company, if not unfortunately your position will be terminated on the grounds of redundancy. As part of the consultation process you can also put forward suggestions either for roles you could be moved into or other ways in which to continue in your role, which the company would have to consider and they would have to provide you reasons why they were not viable options. I would advise that if you have any suggestions that you present these at the next meeting on Tues. If you are also concerned, which it sounds like you might be, that your illness has in some way been a factor in the decision then again you need to ask relevant questions at the meeting.

[Stepcore]

Thank you.
what would relevant questions be to ask regarding my disabilities? No capability assessment, I was told I was a valuable asset and they just wanted to do what they could to help me continue. I was asked to write down what I thought I could continue to do, what aspect I enjoyed and what I wasn’t able to manage back in January which hasn’t been responded to other than to thank me for my honesty and we would sort others roles out first. which is why the two members have taken on the more physical side but I have still been able to do some of it. Was supposed to be the three of us sharing out the monthly visits on the road with a team member.
is there anything I shouldn’t say at this next meeting and am I right in thinking there will be another meeting scheduled for me to then respond to their suggestions? And then to “consider” mine.

[ULA]

There are no legally set out number of consultation meetings that have to take place before a redundancy situation is confirmed, just that consultation has to be meaningful and take account of any suggestion the person's whose role may be affected might have to mitigated the need for a redundancy situation. You should be considering any suggestions in advance of your next meeting, which from the information you have provided in your first post was probably today, in which case is there any update?

[Stepcore]

Hi Thank you.
yes the meeting was today and there are no other openings at the company for me to consider. I put my case forward regarding the role which will be considered. and suggested areas that could still be needed but md felt they were more a project than a role and has been left open for both parties to bring anything for consideration between now and the decision meeting next Tuesday.

[Squirrel192]

"There are no legally set out number of consultation meetings that have to take place before a redundancy situation is confirmed, just that consultation has to be meaningful and take account of any suggestion the person's whose role may be affected might have to mitigated the need for a redundancy situation."

ULA how many "meaningful" consultations have you ever witnessed? In my experiences its always the decisions made at board level are whitewashed through regardless and the consultation discussions (and however long they take) are always done with the sole purpose of making it appear to be meaningful when they never are.

[ULA]

Squirrel192 I was stating how consultation should be handled and many companies do achieve this, however difficult the outcome is for the individual employee/ees involved. Although I accept I have also advised employees on some less than meaningful redundancy consultation processes.

[Stepcore]

Squirrel192 yes it does feel like the process is ticking boxes toward a predefined outcome which has been in place for some time and all the past months of “support” were empty words ticking more boxes.
sorry can’t think straight my mind has reached overload and shutdown.

[Stepcore]

ULA i do appreciated your input and understand the process has to go through the consultation meetings. As there were no other options and only one point on my contract to clarify it was left open for either party to come back if there is an option to discuss.
domt know what else to do.

[ULA]

I am sorry to hear that in your case Stepcore the process does not seem to being conducted in a meaningful way and that you believe that this was a foregone conclusion before the consultation process started. I am not surprised you are feeling the way that you do.

I am sorry to say but sometimes, other than what you have already done, there is little you can do, unless there are further options to explore in respect of other employment within the company that either side can suggest in the meantime. If the end conclusion is to make your position redundant, then you have the option to appeal the decision.