Employment Law Help - Grievance & Redundancy

[poppytog]

Hi There,

I wonder if someone could help me. I have been working for my company since August 2015 and since Dec/Jan 2015 I believe I have a well evidenced grievance for bullying in the workplace.

1. I have taken this verbally to both my line manager and managing director (feb 2017), and was discouraged from raising any formal action and received no feedback or action to improve my situation.
2. Despite evidenced requests for support and appraisal, I have received one appraisal in the course of my employment.
3. I told my employer I was taking time off for stress, and submitted a FIT note from my doctor. I did not receive any return to work.
4. On return to work from stress my line management changed, I was informed this was so I didn't get 'lost in a contract' assigned to me by my previous LM. This change of management led to increased isolation and bullying. I was told in this meeting that my new line manager 'needed a data person, but the company wouldn't fund the resource so he's got me'
5. I informed my employer that I was still experiencing stress and was having difficulty managing, and that I had been referred to a psychologist. I have never received review or any sort of stress management support in line with duty of care.

Due to the lack of support, I had been collating all the information with a consideration to raise a grievance.

Then last Thursday I was told my role has been made redundant and that my first consultation would take place this Friday.

I understand from the advice I've already received that I am not entitled to any statutory redundancy pay, and that I have no lawful right to claim any unfair dismissal. This is not my concern, I am happy to take a reappointment or redundancy - but I would like to pursue my grievance.

My queries are:

1. Can I continue to raise my grievance as a separate entity to the redundancy
2. Am I entitled to continue with redundancy procedure (they have offered a lesser paid, lesser status job for my consideration) so for example, can I accept this job and continue with my grievance?
3. ACAS advised me to include what compromise outcome I hoped for in the grievance letter - what does that mean? What outcomes can I ask for? Will asking for an outcome impact my redundancy process?


Thank you in advance for any help, much appreciated.

[ULA]

Re: Employment Law Help - Grievance & Redundancy

Hi [MENTION=39111]poppytog[/MENTION]. In answer to the questions you have raised 1) yes you can raise a grievance which should be run separately to the redundancy process. 2) Your company can offer you a suitable alternative position which you can decide to accept as in point 1) they should be run as separate issues. If your employer offers you a new job that is a reasonable alternative to your old job, but where there are some differences to the old position and it’s terms and conditions you are entitled to a 4 week statutory trial period in the new job. 3) What ACAS mean is that you need to consider what you want to achieve by raising a grievance and state this in the letter. The redundancy situation is a fact because it will have come about because the work you falls in one or more of the redundancy catergories 1) is no longer needed due to a downturn of business, a new line of work which requires a different skill set, or a new process being introduced 2) the job no longer exists because the work is being done by other employees 3) the workplace has closed because the employer has ceased trading or has become insolvent 4) the employer’s business, or the work the person is doing, moves to another location of 5) the employer’s business is transferred to a different employer.

[poppytog]

Re: Employment Law Help - Grievance & Redundancy

Thanks @Ula

Prior to the redundancy, I would have just hoped to achieve some protection in my workplace.

However, the redundancy impacts me financially, and whilst the to are not connected, I would appreciate if you can advise me whether I have grounds to request any financial outcome for my grievance?

[ULA]

Re: Employment Law Help - Grievance & Redundancy

In my experience I have not heard of a financial outcome being something connected to a grievance.