Hi everyone. I need some help please. Back in April my boss called me to inform me of a new role he was making in our team. He then informed me that I wouldn't have any work when I was due back end of August (as it was I changed my return to work to Sept 12th) and I would be put At Risk. I queried with HR why my job was at risk as it contradicted what my previous boss (who left in Feb 2011) informed me (HR rep confirmed it contradicted what he'd been told too). I also stated the boss had told me the new role was on a Fixed Term Contract up to May 2012 which would mean I would only be employed til then...IF I got the job of the new role. HR didn't get any answers for me to substantiate the claim on my role.

I eventually agreed to interview for the new role, despite the application period having closed they said they would 'accommodate me' (probably as the delay was due to HR not giving me evidence of why my curent role was going). The interview was approx 3wks after the initial call from my boss. The HR rep didn't appear in the interview and only came in at the end and asked if i'd seen the print outs showing why my role would be ending. He then asked what date I was going back to work and stated 'we'll put you at risk on that day then'. This gave me the clear impression that I already didn't have the new role as there was no hint of 'if you're not successful etc'. The boss informed me he would have a decision on the role that day....it took 5 days and his call consisted of 'we went with the other person'; which stated to me that there was only 1 other applicant. Some weeks later I noticed a colleague from our team had changed job titles.....yes, you guessed it, to the new role. Now normally that would be ok, other than the fact that I was the ONLY person within the team to be put At Risk so I should have been granted that role? Also the person that did get the role was not only a contractor (who's contract was due to end upon my return to work, initially August 2011)....but she was also only employed to cover my maternity leave!

What I need to know is what I can get them for please? I am now within my 10 working days appeal period. I read somewhere that by Law, when a company knows they are going to have to put you At Risk, that they must do so at that time....not 6 months later. But now I can't find where I read that and if it is a specific Law i'd like to quote the ref to my company. As it is I am going to offer them the chance to enhance my redundany package or I issue tribunal procedings because I feel that I was not put at risk in April because they would have had to give me this new role. Also, during my At Risk meeting, the HR rep stated 'we would always look to relocate an employee within the company and if that means getting rid of Contractors then they will always be the first to go'.....clearly not by what has happened to me.

I am now on 'Garden Leave' for my 30 days notice. No other member of staff was put at risk but none of them were employed to specifically do the role I carried out but some of what my role entailed (weekly site build reports) has been distributed to them as it's been broken down into subcategories.

HELP Please.

Hi,

Glad you made it to the forum.

Your original blog has now been removed so you won't get any replies there. Hopefully, you will get some here

Hello there, welcome to the forum. For anyone who has trouble reading script that size, which bothered me a bit, you can enlarge it by pressing the control and + button together. I'm probably the last person in the universe to learn this, just thought I'd mention it .

My best, HB

Sounds pretty much like Sex Discrimination. have you access to legal advice?

any reason you have 2 posts going for the same subject?

Do you have a copy of the 'print outs' mentioned by HR showing why your role would be ending? If so, are they dated?

Have merged duplicated threads and unapproved any duplicated posts. Please stick to one thread per query as it makes helping you a lot easier

Hi, there were 2 posts from me for the same thing as I'd posted it in the wrong place (being new to the site) but Silverfox popped it in the right place for me but original one remained. Thanks for removing it.

No I don't have access to the print outs although I do still receive the updated weekly site plans so have been able to view the end dates for the sites. There is certainly a lack of work to fill my full time post with what remains.

I'm sure I read a Law that stated as soon as a company know they are going to have to put you at risk, they should do so, but I can't find it now.

I'm sure I read a Law that stated as soon as a company know they are going to have to put you at risk, they should do so, but I can't find it now.

Have you read around the ACAS website or talked to their helpline? You may well find information there, although the standard of advice on the phone varies.

My best, HB

Thanks Honeybee, i'd read that too but as with you I can't find where I found it which is irritating beyond belief.

You're reading my mind.....I did call ACAS this afternoon and they have informed me that I have a lot of questions which need to be answered by my company. I've now drafted my Appeal letter and my friend has come through and given me a lot of points to add and as I type this she is reading it for any amendments etc. I've managed to list 15 points covering 3 pages so I'm very hopeful that this will go my way. My company will have 14 days to respond and if I am not happy with what they say, ACAS tell me I can then go to Tribunal but I will go through mediation first.

I will keep you up to date.

Make sure that one of your points pins down the date on which your pre-maternity leave role in the Company actually ended.

This is because from the date that they decided that that role would end you were 'at risk' of redundancy regardless of what they thought/decided.

Because you were on maternity leave they were then required to offer you any suitable alternative vacancies.

So, if the new post was mostly the same kind of job requiring the same type of skills and at the same rate of pay you shouldn't have needed to interview for it.

http://www.legislation.gov.uk/uksi/1999/3312/regulation/10/made

Oow, thank you so very very much for that bit of information. That will be most useful when I have my appeal meeting. The boss told me in April that my job wouldn't exist when I returned, had interview for new role early May and I know that by June my maternity cover had gotten and begun that new role therefore showing that from June my role no longer existed.

I love this site, so glad I found it. It's not only been extremely useful for me but I've been enjoying offering advice to others and also reading others queries. Site Team, brilliant!

Sorry guys I forgot to mention something else..... tonight i've logged onto my company Intranet and accessed our personnel site where all my information is held and I can do things like book/cancel leave but more importantly I can view and apply for any vacancies within the business. I went onto the job vacancies only to discover that I can't actually apply for any jobs because all the SEARCH buttons etc are greyed out. I also checked some other pages such as my personal information and I can't do anything such as change Next Of Kin, Emergency Contact Numbers, Address etc.

Soooooooo, could be a problem with the intranet?? or could be that someone within the company has seen fit to deny me access to my records and the Job Vacancies. I have taken screen prints off various pages as evidence and shall be taking them along to my appeal meeting when the date has been set. I shall, of course, be logging on again tomorrow just to check it wasn't a glitch but it the indications are correct and I've been denied access deliberately then the company best have a damn big cheque book!

Small update: I have my appeal against redundancy on Thursday at 1130am. I have no idea what format this is going to take, does anyone have any experience? Will it be bit like an interview?

The appeal is with a Senior HR Consultant and a Manager who doesn't know me.

Appeal meeting went really well (I think); small glitch when the HR rep's laptop crashed and he'd lost notes from the last 3 points we'd discussed so had to go over them again. The Snr Manager that was heading the mtg was very nice, very thorough and put me at ease. Meeting was 2hrs long in the end.

At the end of the mtg he said what would be the best outcome for me. I replied that due to what my Line Manager had done to me in order to get 'rid' of me, it was obvious I wasn't wanted in that team and as I'd had issues from 3months of starting in that team with a male member of staff that continued for 2yrs and almost went to grievance but i'd been talked out of it by previous manager, I wouldn't be happy going back to that team. I then stated that I was disappointed that a company the size of X and that had made hundred redundant in the past 3yrs could be making basic errors in breaking not only the Law but it's own Company Policies I had no trust left in working for it as I couldn't feel secure if redeployed, that they wouldn't dump on me again a few months later when the case I currently have was no longer valid.

The Snr Manager asked what I would be happy with in order to resolve the situation at which the Union Rep stated 'recompense'. The Snr Manager asked what level at which the UR stated 'that's for you to think about once you've concluded your investigations'.

So, my Consultancy period has now extened by 1wk to 18th October at which I find out the Company's conclusion to it investigating the information I provided at why I do not believe I have been treated fairly in being put 'at risk'. Should I not be happy with their decision(s) I then have to open a Grievance as is procedure (as I have to follow procedure in order to have a chance at Tribunal).

We have finally reached an agreeable compromise which in short, gives me an extra 3 months pay in my redundancy payoff so both parties are happy. Thanks for all the advice

Hello again and thank you for letting us know.

If you're happy, I'm happy . Enjoy your time with your baby.

HB x