Follow on redundancy questions



To be honest, after getting legal advice I am told that it’s a very grey area. Going to tribunal would be a very expensive punt. Simply can’t afford to do that.

I had accepted that there wouldn’t be a payment and I would have to leave. I’m ready to go and have found another job of a lower grade but closer to home. A good result would be to negotiate myself to a quick exit. I’m just not sure what “dismissal on the grounds of redundancy” legally means.
 
Dismissal on the grounds of redundancy sounds as if its still a redundancy situation, they keep mentioning redundancy. Like id earlier said it can all hinge on whats "reasonable" worst case senario is youll be served notice which would generally be a week for every year served unless stated different. Its not a lot after a long service as generally capped at 12 weeks i believe but better than nowt.
Hope it works out for you, you should be able to change your mind right up to the last minute so all else fails accept the other role.
Redundancy doesn't specify that there is a monetary payout, it simply means that a role is no longer required. If the OP is deemed to be unfairly/unnecessarily rejected SAE, he may not be entitled to a payout.
 
To be honest, after getting legal advice I am told that it’s a very grey area. Going to tribunal would be a very expensive punt. Simply can’t afford to do that.

I had accepted that there wouldn’t be a payment and I would have to leave. I’m ready to go and have found another job of a lower grade but closer to home. A good result would be to negotiate myself to a quick exit. I’m just not sure what “dismissal on the grounds of redundancy” legally means.
From my repping knowledge, it just means that you are being dismissed due to the role no longer existing. I think only that meeting is going to provide further details but as you say they have referred to your refusal of SAE, unfortunately from what I'm reading, it doesn't look like you will be paid out.

Good luck whatever you choose to do.
 
To be honest, after getting legal advice I am told that it’s a very grey area. Going to tribunal would be a very expensive punt. Simply can’t afford to do that.

I had accepted that there wouldn’t be a payment and I would have to leave. I’m ready to go and have found another job of a lower grade but closer to home. A good result would be to negotiate myself to a quick exit. I’m just not sure what “dismissal on the grounds of redundancy” legally means.
Go on the CIPD forum and ask the question. Someone will answer if you can post as a non-member. If you can’t post as a non-member let me know and I’ll post on your behalf.
 
It sounds similar to what I went through a few years ago at Gateshead Council. The union was no help. My position was being deleted and there was nothing on offer (apart from answering the phones re complaints about bins). They don't and won't acknowledge it as a redundancy and Ghd Council still say they haven't made anyone redundant. But yes I got a redundancy package. Which has was crap after 20 odd years.
I wonder if you know my sister! She has worked there for 3o year.

Civic centre in Gateshead that is. So maybe not. Ignore me.
 
I had a thread earlier about possible NHS redundancy which I can’t bump so apologies for the new thread.

So bit of background.

I work for the NHS and my position is being made redundant. I have been offered suitable alternative employment which I turned down for versions reasons that I outlined in my formal refusal.

Before I refused I asked for a meeting without predudice. I had two, the first with a senior manager and then with her superior. I was essentially told that they felt the offer was suitable and if I refused it I would be making myself unemployed. There would be no offer of redundancy.

New.

My union have informed me that they won’t support me in any claim. Glad I paid 23 years of subs!

I have just had a formal letter to invite me to a formal notice of redundancy meeting.

In the letter was the following sentence:

Regrettably, I must advise you that the outcome of this meeting is likely to be that you will be issued with formal notice of your dismissal on the grounds of redundancy.

What exactly does this mean? Will there be a formal redundancy with payment or am I just losing my job?

With thanks in advance.


Regrettably, I must advise you that the outcome of this meeting is likely to be that you will be issued with formal notice of your dismissal on the grounds of redundancy.

You have to be "dismissed" from your role if you don't resign. In your case you are being dismissed by way of redundancy. Therefore you have to be compensated.

Can you share the reasons you felt the role was not SAE ?
 
so all else fails accept the other role.
Can you still do this sadders?

Regrettably, I must advise you that the outcome of this meeting is likely to be that you will be issued with formal notice of your dismissal on the grounds of redundancy.

You have to be "dismissed" from your role if you don't resign. In your case you are being dismissed by way of redundancy. Therefore you have to be compensated.

Can you share the reasons you felt the role was not SAE ?
Hopefully this^
 
To be honest, after getting legal advice I am told that it’s a very grey area. Going to tribunal would be a very expensive punt. Simply can’t afford to do that.

I had accepted that there wouldn’t be a payment and I would have to leave. I’m ready to go and have found another job of a lower grade but closer to home. A good result would be to negotiate myself to a quick exit. I’m just not sure what “dismissal on the grounds of redundancy” legally means.

It is a grey area, and both the union and employer are likely to know that.

That statement is poor tbh. Dismissal means you have done something to give them grounds to sack you - you haven’t imo, declining alternative post you feel is unsuitable isn’t a reason

Grounds of redundancy means you are legally entitled to go through the redundancy process imo, which means a redundancy payment and leave date agreed due to no suitable role. They are making you redundant and can’t ignore the fact

I think you’ve already taken legal advice & union advice which doesnt sound as though its helped much. Do you have the option to take someone to the meeting with you? Maybe do that, see what the meeting results are but dont commit / accept anything on the day until you get further advice.

Good luck, be interesting to see what the outcome is
 
I had a thread earlier about possible NHS redundancy which I can’t bump so apologies for the new thread.

So bit of background.

I work for the NHS and my position is being made redundant. I have been offered suitable alternative employment which I turned down for versions reasons that I outlined in my formal refusal.

Before I refused I asked for a meeting without predudice. I had two, the first with a senior manager and then with her superior. I was essentially told that they felt the offer was suitable and if I refused it I would be making myself unemployed. There would be no offer of redundancy.

New.

My union have informed me that they won’t support me in any claim. Glad I paid 23 years of subs!

I have just had a formal letter to invite me to a formal notice of redundancy meeting.

In the letter was the following sentence:

Regrettably, I must advise you that the outcome of this meeting is likely to be that you will be issued with formal notice of your dismissal on the grounds of redundancy.

What exactly does this mean? Will there be a formal redundancy with payment or am I just losing my job?

With thanks in advance.

Get top class legal advice. Not sure what sort of job you are doing, or how much money you have, but there are some shit hot employment lawyers around with lots of experience of dealing with the NHS.

PM me if you want
 
It is a grey area, and both the union and employer are likely to know that.

That statement is poor tbh. Dismissal means you have done something to give them grounds to sack you - you haven’t imo, declining alternative post you feel is unsuitable isn’t a reason

Grounds of redundancy means you are legally entitled to go through the redundancy process imo, which means a redundancy payment and leave date agreed due to no suitable role. They are making you redundant and can’t ignore the fact

I think you’ve already taken legal advice & union advice which doesnt sound as though its helped much. Do you have the option to take someone to the meeting with you? Maybe do that, see what the meeting results are but dont commit / accept anything on the day until you get further advice.

Good luck, be interesting to see what the outcome is
Unfortunately I know what the result will be. Was just a bit thrown by the use of the word redundancy when I have been told that I wouldn’t be offered redundancy.

Get top class legal advice. Not sure what sort of job you are doing, or how much money you have, but there are some shit hot employment lawyers around with lots of experience of dealing with the NHS.

PM me if you want
Unfortunately I can’t spend money I don’t have (and it would be a lot) on a gamble.

I’m sure the employers know what they pay and know what legal representation costs so can do as they wish.

Probably why it’s a grey area. Very few test cases make it to tribunal.
 
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