Discussion in 'SMB' started by sadders, Jan 12, 2018.
Oh, and good luck to the OP.
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.
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.
23 years worth of redundancy? Kerching.
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.
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.
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.
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 ?
Go to citizens advice and ACAS as soon as you can. Might also be worth getting in touch with an employment law barrister as well, just in case.
Can you still do this sadders?
Probably not. I was part of the arts in Libraries and Arts, so not based at the Civic.
Where is that based? Lord I’m being so nebby! Are you involved in the book readings and such?
Not any more as I was made redundant! I used to hire out St Mary's, Old Town Hall and Caedmon Hall.
Ahh. The bastards.
Worth going into the meeting topped up to put them on the back foot
Sounds like a transferable skill to me. Imagine starting your own business doing something like that.
For the benefit of anyone starting out on their career, my advice would be fuck your employer, they are all arseholes, loyalty will not be rewarded. Do what's right for you, not for them, and make as much money as you can as you run an extremely high risk of being shafted with nothing behind you.
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
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 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.
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.
Separate names with a comma.