Can you request a copy of your personnel file from your employer?

Yes

£10 via a full SUBJECT ACCESS REQUEST

Your company should have someone in charge of Data Protection.

Thanks for the reply. I have another question please if you don't mind, does accepting a redundancy payment leave you with no entitlement for going to a tribunal?

Thanks for the reply. I have another question please if you don't mind, does accepting a redundancy payment leave you with no entitlement for going to a tribunal?

I was paid off in June but am still taking them to a tribunal.

Red Corner, It's not for me it's my husband. He is running out of time as the 3 month cut off point is looming at the end of November. I don't think he knows where to start as the Union he is in have been useless and have not helped him at all. He's in a bit of a mess if I am honest

Red Corner, It's not for me it's my husband. He is running out of time as the 3 month cut off point is looming at the end of November. I don't think he knows where to start as the Union he is in have been useless and have not helped him at all. He's in a bit of a mess if I am honest

D9. I'm happy to help from my experience so far. As you have no doubt seen, I have posted my own thread seeking advice as to what I can expect in terms of potential tactics by the other side but if you want to put up a brief outline of why your husband wants to take them to a tribunal I'll see if I can offer up anything. I'm sure plenty of others will help if I can't.

Did your husband appeal the decision?

Can you provide a bit more detail about the circumstances and the grounds you're suggesting for going to tribunal so you can get advice as to whether he has a case. I agree it is possible to go to tribunal if made redundant but it's hard to advise without more background information.

I believe he did but the job he did was also with another on a split shift. After a restructure they both had to apply for the job and a lesser paid one although the jobs were very similar. Hubby didn't get the job and so tried for the other one. he didnt get that one either.

I believe he did but the job he did was also with another on a split shift. After a restructure they both had to apply for the job and a lesser paid one although the jobs were very similar. Hubby didn't get the job and so tried for the other one. he didnt get that one either.

What was the outcome of the appeal?

Outcome was they both had to apply for the same job as there was only one main one available. Please bear with me this story is complicated and spans over 2 years

No sorry he didn't appeal, he didn't get chance to, he was suspended after the 2nd interview.

No sorry he didn't appeal, he didn't get chance to, he was suspended after the 2nd interview.

Has he been made redundant?

yes that's why its complicated.I am trying to put timeline together to give some idea of the situation.

No sorry he didn't appeal, he didn't get chance to, he was suspended after the 2nd interview.

I think we need the full story including reason for suspension.

EDIT timeline as previous post would be perfect.

2009 Hubby had op for brain aneurysm which was successful, 6 weeks off work after and returned to work.

2012 2nd op planned due to slight bleed from repaired artery

2012 Oct- Became ill at work went to hospital and discovered heart beat was irregular(AF), treatment planned was a cardio version. Treatment successful by end of 2012 and deemed fit for work by GP. Unable to return to work after referred to OH and told he would have to wait until he had his brain op in March 2013.

Returns to work in May/June 2013 on a phased return. Heart goes back into AF and a 2nd cardio version planned. Medically suspended although without checking through paper work I am unsure of month. 2nd procedure successful again referred to OH and deemed fit to return. Boss unhappy so then refers him to a different OH who also says he is fit for work. He returns to work again on a phased return. Meeting is held by boss and HR. At this meeting the suggestion was put to hubby that had he ever considered early retirement, to which he replied he could not afford to. A few weeks later he realised he had gone back into AF but was reluctant to divulge this to his boss for fear of suspension, so carried on working. I had a feeling that she was trying to get rid of him and voiced this to him on a number of occasions. In Oct/Nov 2013 she sent him home from work stating he looked unwell, he returned the next day no problems or questions asked. The day after (Saturday) a letter arrived suspending him because he was intoxicated at work and an investigation was underway. This investigation was a farce ! No evidence to prove the allegation, made only by the boss and the outcome was no further action and he returned to work. At this point I asked him to join a Union as I was sure the idea was to get get him out.

2014 came the announcements of redundancies and his and the other persons job was at risk. He didn't consult with me much over it so I was unaware of what was going on until a few weeks before he announced he was applying for the 2 new jobs. He was never consulted or negotiations made by his boss or the Union regarding redundancy. The 2 jobs were being made redundant and 2 new ones replacing them (although to me they are the same job, just one would be the boss over the other)

To cut a long story short he was unsuccessful at the 1st interview and suspended for being intoxicated at the 2nd interview the day after ! He was in no way intoxicated I phoned him at 1.50pm on the day of 2nd interview and was home from my own place of work at 2 15 pm. He had been allowed to complete his shift before being suspended.

He was to attend an interview regarding the allegations but was in such a bad state of mind his Dr sent a letter to the workplace in July stating he could not attend.The boss pursued him for a 2nd meeting to attend a (disciplinary) investigation meeting. I considered that harassment.

Since all of this he has had further treatment for his heart (ablation) and is back on the road to recovery. This stressful time has not helped at all unfortunatel. But contacting the Union they say things have been done properly.

He has seen his personnel file and seems there is nothing in there to suggest he was an unworthy employee quite the contrary ! I told him he should obtain a copy for himself although he took notes from it but the boss was with him the whole time

Sorry for delay in replying, I have been entertaining my 5 yr old Grand daughter since 4 pm

Can no one offer any advice ?

I think the bottom line is, he has been made redundant an the illness/ disciplinary which wasn't carried through is a side issue.

There's been an open selection pocess and he was unsuccessful = is that correct?

If he recieved his full redundancy payment I think that (plus any outstandng holiday pay) is all he is entitled to.

He has received his redundancy in full. No I don't believe there was an open selection process and even if this is the case there were 2 jobs available, both of which he was suitable for, so unfair. He was employed there for 14 yrs and never had any problems until the new boss took over a couple of yrs ago.Only 2 people were made redundant the other one also had long term health issues. Both his Dr an OH said to him that boss was making it difficult to return to work! I feel that the workplace were trying to get rid of him by making false accusations. His union rep said he wasn't sure why telling him he was redundant then trying to pursue a disciplinary? Also he was shadowed supposedly by another worker on phased return to work, this person spent hardly any time with my husband but on the 'other shift' with the other colleague. This person now has the new position. Just seems all a bit contrived IMHO

Thanks to you all for advice much appreciated.

OK few points of note.

Tribunal wise you know there is a bond to be paid upfront now. It is in your best interests to convert the union to your cause. If your local rep is not helping, speak to their boss. The union have a complaints procedure like anyone else.

Secondly.

There is another way to skin this cat. (Maybe)

The health condition is serious and impacts on your OHs everyday living. Im assuming there is medication that your OH must take in order to survive. Coupled with the fact the other redundent person you claim has a permanent long term ill health issue I think there may be anopthjer angle here.

It could be argued that your OH (And depending on the circs the other redundee) could be considered disabled. Therefore perhaps its worth speaking to the reps union boss and suggesting they look into Disability Discrimination under the single equality act. There might be cause for all the investigations etc (Esp the intoxication ones) PLUS the fact both long term ill health suffers were made redundant for a case here. Certainly they would have to prove the selection process was fair under that sort of claim and the onus is on them to disprove unlawful discrimination.

A case like this is going to be complex and will require legal assistance. Hence why you need the union on board unless you are willign to pay for other professional legal advice.