Made redundant - employer changing goalposts

[WeeScot]

Hi,

I've been through a selection process, had to apply for my own job (2 people, 1 job).

At the initial briefing we were told that those unsuccessful through the selection process 'will be put on garden leave from 1st Sept'.

I was informed on 14th August that I'd been unsuccessful and that garden leave would start on 1st Sept. So far so good. On the 18th Aug I was told that there would be no garden leave and that PILON is the preferred option. Again, although I would take a hit on contribution to pension and bonus and redundancy accruals, please, just get me out of there. So, on the 20th Aug, I've now been told that there's no PILON, I'll be expected to work my notice. The new structure (which doesn't include me) is effective from 1st Sept so I've been told I'll be working on a 'project' for my 12 week notice period.

I have a history of depression, I was off for a time last year due to extreme work stress. I've told them that I'm very concerned for my health and that going into the office every day and being surrounded by people who know I haven't got a job could be detrimental to my health.

Do I have any rights at all here, is there any advice those wiser than myself can give? Really feeling the pressure and really don't know what I can do.

Any help really appreciated.

WS

[judgemental24]

Re: Made redundant - employer changing goalposts

What does your contract say as to redundancy procedure

You cannot be forced to apply for your own job following a reorganisation. However, if you choose not to do so, you will have no chance of being appointed to the position. Consequently, you could end up with no job, and with your employment being terminated.

If this happens and you have been working for your employer for at least the minimum 2 Years qualifying period a claim can be submitted to a Tribunal for unfair dismissal.

Your employer's defence against such a claim would probably be that you were dismissed for 'some other substantial reason', a potentially fair reason for dismissal

The key being under the reorganosation, will your job description be changed substantially??. It is always the job description made redundant, not the employee

What redundancy terms have they offered you??

[WeeScot]

Re: Made redundant - employer changing goalposts

Hi Judgemental,

My contract says I can be made redundant with 12 weeks notice.

The job description hasn't been changed...they just need one person instead of two to carry out the role following a reorganisation. I had to apply for the role or, as you say, have no chance of being appointed.

I have to work my 12 weeks notice in order to qualify for redundancy pay. This has changed from garden leave, then PILON.

What does your contract say as to redundancy procedure

You cannot be forced to apply for your own job following a reorganisation. However, if you choose not to do so, you will have no chance of being appointed to the position. Consequently, you could end up with no job, and with your employment being terminated.

If this happens and you have been working for your employer for at least the minimum 2 Years qualifying period a claim can be submitted to a Tribunal for unfair dismissal.

Your employer's defence against such a claim would probably be that you were dismissed for 'some other substantial reason', a potentially fair reason for dismissal

The key being under the reorganosation, will your job description be changed substantially??. It is always the job description made redundant, not the employee

What redundancy terms have they offered you??

[judgemental24]

Re: Made redundant - employer changing goalposts

What are the terms of the redundancy payment??

With redundancy PILON is normally used so seems a bit under the belt making you work it

What reason are they saying PILON is not applicable. What about other staff, are they being made redundant as well as you??

[WeeScot]

Re: Made redundant - employer changing goalposts

Hiya,

I get my official notification tomorrow, so not sure of the terms of the redundancy payment yet.

They've given no reason as to why PILON is not applicable. As I said, in the original briefing and beyond, we were told that unsuccessful applicants would be given garden leave. This then changed to PILON, and then having to work notice.

Yes, there are other staff being made redundant. All having to work full 12 weeks notice except for one who is getting PILON at the end of September. The reason they've given for this is that his is a specialist role and they wouldn't be able to find anything for him to do for 12 weeks. However, the rest of us have to work on a project which, from my knowledge, consists of mainly admin tasks. The roles we've been made redundant from are very pressurised, high profile roles, so if doing admin for 12 weeks is good enough for us...?

It seems as though there's no actual business need for us to work our notice, they just want us to do it and have found a convenient 'project' for us to work on.

WeeScot

What are the terms of the redundancy payment??

With redundancy PILON is normally used so seems a bit under the belt making you work it

What reason are they saying PILON is not applicable. What about other staff, are they being made redundant as well as you??