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Follow on redundancy questions

Discussion in 'SMB' started by sadders, Jan 12, 2018.

  1. 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.
     
    SKP130 likes this.
  2. Goat Eyes

    Goat Eyes Striker

    There absolutely has to be a payment.

    Why don’t you read through the ACAS advisory booklet.

    http://m.acas.org.uk/index.aspx?articleid=1611
     
    Barnacle Boy likes this.
  3. Geronimo

    Geronimo Striker

    1) Unions are OK until you need them

    2) Take legal advice ASAP. You'll get an hour for nowt. Or Citizens Advice
     
  4. Barnacle Boy

    Barnacle Boy Striker

  5. Jimmer13

    Jimmer13 Central Defender

    Would make sure they had not missed out the words on refusal of offer of a suitable position. See if you have grounds for unfair dismissal if your reasons were to have good grounds. Really need advice from your Convenor or Lead Steward. Show the letter and get advice before you attend the meeting.
     
  6. Ramshanker

    Ramshanker Winger

    Good luck marra, both our unions are fucking useless
     
  7. They have made it clear in the letter that I had refused their offer.
     
  8. Jimmer13

    Jimmer13 Central Defender

    Normally they would then go for dismissal but letter would state on grounds of refusing suitable alternative employment. Could maybe try a tribunal on constructive dismissal but quite hard to prove. But know of some who won cases.
     
  9. Holy shit, looks like they're just going to terminate your employment due to your turning down comparable jobs (I hope i'm wrong fella xx).
     
  10. Son of Stan

    Son of Stan Winger

    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.
     
  11. Buchans Boots

    Buchans Boots Goalkeeper

    They wanted you to take the job on offer because they didnt want to pay you off. I am assuming that you will now leave and be given your redundancy based on your scheme of employment rules. They cant give you nothing. They either give you an alternative job or they will make you redundant with a redundancy payment.
     
    Goat Eyes and Son of Stan like this.
  12. Sleepy

    Sleepy Striker

    They can’t do that, it has to be redundancy.
     
    Lambchops likes this.
  13. gazza.1990

    gazza.1990 Midfield

    In my contract it states that if i turn down a suitable alternative job then i am not eligible for a redundancy payment...

    Hope it all works out for the OP, could be one of those they try to get away with in the hope the employee doesn't take legal action (which you could win depending on how reasonable the alternative job offer is)
     
  14. JohnKay

    JohnKay Winger

    Should get your full payout if they finish you but honestly get legal advice on the matter, yesterday tbh. Don't let it get any further out of your control than is totally needed. Also, don't trust anybody or anything from former employers, just try to keep the ball in your court so to speak. Good luck mate, never forget the grief and mental stress put on my Dad when he got layed off, horrible thing to witness as a young bloke.
     
    Goat Eyes likes this.
  15. Boris Bear

    Boris Bear Striker

    Champion...redundancy.

    Take your lumper and move back to the promised land
     
  16. Paddy O'Dors

    Paddy O'Dors Striker

    Years and years of changing employment law in favour of the employer is what's fucked you over, not unions.
     
    Teed, Sandboy and sidneyeric like this.
  17. niceonemarra

    niceonemarra Winger

    Mate you need to see a solicitor immediately - I would advise that you postpone the meeting some how, the union should hopefully be able to advise you how to postpone the meeting.

    From what you have said you should be worried about losing your job.

    Your choices are

    A. Take the job
    B. Refuse the job
    C. Be dismissed with redundancy money
    D.Be dismissed without redundancy money

    You need to speak to a legal advisor asap somebody independent from your company.

    Better call Saul ;)

    Good luck mate I hope you get a good outcome and sorry you might lose your job :cry:
     
  18. kossoff

    kossoff Midfield

    I still reckon that you should have got that (still can) grievance in.

    I suggest you speak to CAB/legal rep regarding the letter. I'm not certain but from the sounds of what you have posted it sounds like they will be releasing you without pay due to your refusal to accept what they deem SAE.

    I would stick in a grievance, seek legal advice and consider your options with a tribunal.

    When is the meeting? Aim to postpone it.
     
  19. HABA87

    HABA87 Midfield

    Have unions kept up the pace in terms of their power? I pay my subs on the chance of me needing them, but I don't think they are capable of offering anything other than advice.

    They don't seem to have the clout they did 20-30 year back.
     
  20. safc...hic!

    safc...hic! Central Defender

    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.
     
    niceonemarra likes this.

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