Constructive Dismissal

[mafo]

Hi, I was recentlly made redundant following a 'restructure'. Those put at risk were not ringfenced for the new post, though I undersand this is not compulsory. It is a large local authority and my group of services was being merged with another group. The two areas being merged had little in common and explananation during the consultatation was not clear at all, and most comments following the consultation period ignored. Anyway, I and the other head of service plus two others applied and were interviewed for the new job. No one was succeful and I was made redundant on the 7 September. The restructure was in May/June and we were told the new job would be externally advertised. In the meantime my group would continue as is with one bit removed and an interim would manage in the meantime. (one of my previous service managers). It has now been five months and there has been no advert and my old group is still as it was when I left with the same interim manager heading up.

Firstly, is this constructive dismissal as my job in effect still exists and secondly what is the time period if I were to take them to an employment tribunal?

I look forward to hearing from you.

Thanks

[Pezza54]

Please read the article www.acas.org.uk/employment-tribunal-time-limits
You have 3 months less 1 day from the date your grievance arose to notify acas.
If you receive legal advice that you have a justifiable claim for not being offered the new vacant post then the date of your grievance would be the date you received the rejection letter.
There are other articles on the acas website that cover consultation, union and employer reps, redundancy pay, how to make a claim etc

[Pezza54]

Unfair not constructive dismissal. Constructive dismissal occurs when the employee feels they have no option but to resign.
The employer has a duty to consider the suitability of staff they intend to make redundant for any vacant posts.

[ULA]

If I am clear as part of a restructure two groups were merged and I presume only one manager of the newly combined group now required. Four of you applied and interviewed and with no-one being successful you were made redundant. So my first question is:

What feedback did you have about not being successful?

You say your "old group is still as it was when I left with the same interim manager heading up". Second question:

Has this now not merged with the other group?

Even if you did have a case as Pezza54 has said it would be unfair dismissal and you have 3 months less a day from your termination date to start the Early Conciliation process with ACAS.

In the meantime sorry couple more questions:

1. Did you have to work your notice or were you paid it?
2. Have you managed to find another job and if so when did you start and is it on a similar salary level to your previous job.

[mafo]

Hi and thank you PEZZA54 and ULA.

I now understand it is unfair dismissal rather than C Dismissal.

It was a behaviours based interview and a 10 min presentation on a subject with an hour's notice to prepare. Feedback was that the interview and presentation went well, and I fell down on one Q. It was base on Equalities and asked what I had personally done to address inequalities; I gave a strong answer based on my best example, a project I had delivered about 10 years ago. The feedback was that it was an old example. However, the question did not state a recent example, just and example.

2nd question: No it has still not merged

1. I was paid the 3 month notice, but had to be available for work and indeed did work part of it as I chaired an HR invesitigation into an emploree from another department. I was also taking odd questions from my ex managers.
2. No I have not managed to find another job. I have drawn my pension (I am 59) far more prematurely than had envisaged as I have a mortgage and and 8 year old son.

Hope this answers your queries? Thank you again!

[mafo]

Hi and thank you PEZZA54 and ULA.

I now understand it is unfair dismissal rather than C Dismissal.

It was a behaviours based interview and a 10 min presentation on a subject with an hour's notice to prepare. Feedback was that the interview and presentation went well, and I fell down on one Q. It was base on Equalities and asked what I had personally done to address inequalities; I gave a strong answer based on my best example, a project I had delivered about 10 years ago. The feedback was that it was an old example. However, the question did not state a recent example, just and example.

2nd question: No it has still not merged

1. I was paid the 3 month notice, but had to be available for work and indeed did work part of it as I chaired an HR invesitigation into an emploree from another department. I was also taking odd questions from my ex managers.
2. No I have not managed to find another job. I have drawn my pension (I am 59) far more prematurely than had envisaged as I have a mortgage and and 8 year old son.

Hope this answers your queries? Thank you again!

[ULA]

I presume you have worked at the company for more than 2 years. You also do not say whether you appealed the redundancy?

To claim unfair dismissal you would have to prove that your employer did not follow a fair redundancy process. It would depend on whether you could prove this was the case.

If you do want to start with Early Conciliation you would need to start that soon given the timing from your termination.