Help please!

My line manager is the company MD. I informally discussed my concerns with Head of HR. I was advised to raise my concerns with the MD face-to-face. I did this and scripted what I wanted to go through so that I was coherent, unemotional and thorough (15 pages of enlarged text). The discussion lasted 3.5 hours. I asked him to adjust his behaviour towards me as what we was doing, and what others have witnessed, describes bullying and suggests constructive dismissal - mainly by undermining me as a senior manager in my role and responsibilities, but other aspects too, e.g. setting me up to fail, humiliation in front of colleagues and clients.

I talked again with HR explaining that nothing had changed and that I would move to a formal written grievance. That was on Monday. I was writing the grievance and collating evidence when on Wednesday my MD calls me to a meeting room at 6pm (I work beyond 5:30pm basically every day) and reads out a letter informing me that he is planning a restructure, and that if carried out as planned, then my role will become redundant. FYI: I manage the biggest business sector in the company and have the biggest new business/opportunity pipeline. Redundancy is a nonsense.

I have been invited to a meeting to discuss this redundancy plan on Monday, where I can be accompanied, and I have been put on 'paid leave' until the consultation is complete. Surely 'paid leave' is not right?

On Thursday I submitted the formal grievance. HR were aware of my growing concerns but now seem only interested in the redundancy. As the grievance is against the man planning to make me redundant, surely the grievance needs to be addressed first?

All of this has made me ill and my doctor has signed me off for two weeks for work related stress. I fear that the MD will push ahead with the redundancy in my absence and without my grievance being investigated. Would this be allowed?

I've also been told not to talk to colleagues, but I need to talk to some in order to collate the evidence to support my grievance.

Reading redundancy information on the web suggests that only 1 week of notice is required for redundancy (even though my contracted notice period is 3 months?). I work in the UK and my 2 years of employment are up on 27th November. All very convenient?

I feel victimised, and that the redundancy is retribution for me speaking up.

Can anyone advise?

Thanks.

Hello and welcome to CAG.

The forum guys should be along later with advice for you, but as it's the weekend you may need to bear with us until they're able to get here.

My best, HB

here is the bottom line as I see it; if you cannot work with the man who runs the company, for whatever reason, and he is unwilling to change, you have pretty much run out of road. 3.5 hours is a huge, huge amount of time to go through your complaints about his leadership; he can't really bounce back from that and get a good working relationship with you.

no doubt he will contrive a way to exit you legally with no egg on his face.

look for a new job now.

Your 2 years qualifying employment time will include the notice period if they are to give you the boot so you will have some protection in law. Redundancy can be for several reasons, saving money as company in trouble, role disappeared, technological change etc but essentially it is not for getting rid of awkward people you cant legally dismiss. However, it is clear your days are numbered so you should be seking a settlement that reflects the money you could expect if you were to serve out your notice etc. I would be looking for a cash settlement of 4 months pay ( 3 months notice + 2 weeks redundancy pay + residual holiday pay rounded to normal salary cycle). As they arent really making you redundant and the alternative is a battle at a tribunal where they will be forced to pay you 3 moths pay minimum it is a bargain for them and will give you a financial cushion for finding a new job. If they dont want to negotiate around this then it will cost them a lot more in legal fees. You need to look up a couple of ET precednets regarding notice period and qualifying employment period so you can quote them to support your argument/request.