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Redundancy and suitable alternative employme

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  • Redundancy and suitable alternative employme

    Hi I'm new to the site so I will try my best to go through what has been hell for me and my family.

    I was notified of being at risk of redundancy early this year by a care company having worked there for 7 years as a senior care practitioner in a children's home.

    I was interviewed by two managers whilst I was signed off with stress for a role which was a drop in seniority and did not want. One actually phoned up a week later to ask if would be open to the possibility of working at his home, he also asked if I had a job lined up. The term he used was "wiggle room" and it appeared to be a friendly informal conversation. I avoided answering his question and ended the call soon after.

    I asked for a consultation as colleagues had done theirs but was ignored and no response given. I returned to work and had my first consultation after union rep requested it. Day 57 of a supposed 60 day process.

    The consultation was with HR representative. Who stated she was unable to answer any of my questions but would feed this back to HR. I received transcript but nothing else. I followed this up asking if she has anything to feedback and was ignored. No feedback was given.

    I was then role matched to a home. It was the house of the manager who had phoned to offer me a role at his place. I had some back and forth with HR and they agreed it was too far away from my house.

    A colleague informed me there had been a meeting where managers had discussed me not getting redundancy as I had refused a role.

    There seems to be an agenda against me and despite strong work performance in extremely challenging circumstances, my reputation has been ruined in the organisation because of this. I have a witness statement for this also.

    A little time later, I had to request another consultation and was given one and told it was a final consultation. (75 days of being at risk) During this consultation I was role matched to a care practitioner in an adults home. Again the person conducting this had no knowledge of what was going on, never provided any figures of redundancy or provide any answers to my questions.

    I appealed the role match stating it was not a like for like and was given 30 hours training to do to prepare for the new role.
    I have referenced the redundancy policy in which it states "if a role differs significantly from previous role, the employee has the right to a trial" and been told "you have been role matched based on government guidance".

    I detailed extensively my circumstances (partner is pregnant and almost miscarried, son with autism, issues with relationship due to this stress, overwhelmed and unsure of the future and also that I am anxious and worried about being able to pay my mortgage) all of which has been callously ignored by the company.

    i also asked why we have skipped from step 4 to step 9 without any of the other steps.
    Step 1: Check if redundancies are necessary
    Step 2: Follow the right process
    Step 3: Tell employees
    Step 4: Hold redundancy consultations
    Step 5: Select employees for redundancy
    Step 6: Work out redundancy pay
    Step 7: Give redundancy notice
    Step 8: Offer an appeals process
    Step 9: Offer alternative employment
    Step 10: Support your staff and plan for the future

    I have had no information on the role salary, terms shift pattern ect. Just told "no change" to any of my questions. I was offered shifts at a different place under the same company and then threatened with disciplinary if I did not turn in.

    I wrote a grievance to HR and they took 1 month to assemble a hearing. I asked questions about the process and the role match. All of which unsurprisingly fell on deaf ears. I was signed off from work for 2 months with "work related stress".

    They returned grievance with three partially upheld, three infounded. Lots of lies and avoiding of information i had divulged including GDPR breach of manager discussing my situation with a colleague (with witness statements). And also of the manager phoning whilst off with stress to offer a role and asking if I had a job lined up.

    All of this has been omitted as it was "outside the original grievance". I have since appealed 3 weeks ago and told "we are trying to source an independent chair for the meeting".
    I am currently taking anti depressants and not sleeping, and waking up obsessing about this ongoing process. I also have a skin condition which makes intimate personal care an issue as my skin problems are exacerbated by moisture and excessive hand washing.

    I have started early conciliation with ACAS and the company have offered a settlement below statutory redundancy and then offered a little more than statutory redundancy. I have stated from the beginning I prefer redundancy for personal reasons.

    Their reasoning for skipping steps in ACAS guidance is that they really wanted to keep me in the company.

    It appears they now want rid of me as soon as ACAS got involved. I've become lost in this and overwhelmed so am losing perspective and I just want it over with.

    if anyone could comment or give guidance I would really appreciate it. My questions at present are

    1. Company is insisting on garden leave but it's not in my contract. what is likely to happen as im currently signed off

    2. What sort of figure is a good offer for this case? As a minimum I'm expecting PILON plus injury to feelings in light of the impact this has had on myself and my family and in particular my son as we haven't been to do anything all summer due to financial issues.

    3. Should I consider a settlement from the company, or go with ACAS? I want this to be over with its been going on for 5 months.

    4.do I push it more with discrimination by association for my son who has been impacted.

    5. It has caused significant stress on my relationship and pregnant partner. I have told them about all of this but they ignore all of it. I want them to acknowledge my circumstance.

    6. The "role match" would mean
    - Increased hours.
    - Reduced overtime rate.
    - Reduced hourly rate.
    - No contracted sleep ins where I was doing 10 before (meaning approx £7000) decrease in wages.
    - Significantly different from the role I was doing (childcare to adult care vastly different in practice and legislation.
    How can they deem it a role match?

    7. Reputation ruined is this something i should focus on in more depth?

    8. No welfare checks have been done since redundancy process began, even when off with stress up to now i have not had one phone call from the company checking in with me. Is this a big issue?

    Sorry for the long post but its gone on so long post. My knowledge of legal issues is limited but have all of the information and feel I've done well up to now but I need help with it all.
    Tags: None

  • #2
    In answer to the questions you have set out.

    1. If you do not have a garden leave clause in your contract then your employer cannot insist on placing you on garden leave.
    For what purpose are they requesting this?

    2. I cannot advise on the kind of settlement you should be agreeing on. However if there is a redundancy situation and no suitable alternative can be found then, at a minimum, it should be statutory redundancy and pay in lieu of notice if they do not require you to work your notice period.
    If ACAS are involved then any agreement would be done under a COT3 and some monetary consideration should be given for the fact you will be giving up your rights to make any further employment claims.

    3. You can go either way. If the company offered you a settlement agreement then they would have to contribute towards you getting independent legal advice on the agreement from an employment adviser. Going via ACAS and a COT3 you would not receive any contribution from your employer to legal advice.

    4. Based on the information you have provided I am not sure that you could support this claim.

    5. You can try to get them to do this but you cannot force your emyployer to make such acknowledgements.

    6. This appears to be reasons for justifying that this new role is not a suitable alternative.

    7. What outcome do you want in respect of you believing that your reputation has been ruined. If you are concerned about a reference for future employment you could agree a reference by either forms of agreements that the company would have to provide.

    8. This will depend on what is contained in any absence policy.
    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 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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    You are braver than you believe, smarter than you think and stronger than you seem.

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    • #3
      No reason really for garden leave, the house I worked at has been re purposed for Adults but isn't open yet. I'm signed off until October.

      I do know some things about the company which i believe they want me silenced but surely this would be covered in confidentiality clause of SA. It involves a pay increase to some on the same day as we were given notice of redundancy.

      Ive been informed today they have not engaged in early conciliation and have been given a certificate to proceed with Tribunal. This is likely the reason for a settlement.

      There has been a very unfortunate situation within the company with another person going through the same which will require an investigation. They do not want someone with mental health difficulties going to a tribunal in light of this.

      I think I'm going to ask them to increase the current offer and see what comes back.

      Thank you, for your reply. It is appreciated


      • #4
        See how it goes with asking them to increase their offer and if you have any more questions just come back to this thread
        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 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


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