A very involuntary 'voluntary redundancy'

[worklessjourno]

I was made redundant from my position as a journalist with a weekly newspaper in Northern Ireland at the beginning of March this year. I had worked in the office for 21 years and for the same company for 26 years.

Due to ongoing health problems the job was ideal for me. I suffer from both a serious endocrine condition and significant sleep apnoea. Both are well controlled but the sleep apnoea which was diagnosed in 2006 led to the loss of my driving licence. It still occurs very occasionally despite the use of my CPAP machine and medication.

Last December the owners of the title on which I worked decided to restructure their Northern Ireland operation and sought applications for voluntary redundancies. The group editor and a representative of the Human Resources Department visited our office and painted a very grim picture of the future.

• If enough voluntary redundancies could not be achieved, candidates would be selected for compulsory redundancy by means of a skills matrix.
  
• Once the redundancies became effective significant gaps in the staffing of individual offices would be filled by the redeployment of staff from offices which it was felt were overstaffed.
  
• No guarantees could be given that packages in any subsequent round of redundancies would match those given to the first people to leave.
  

I did not want to even contemplate redundancy but redeployment would have posed a major problem. The office I worked in was perfectly located for someone reliant on public transport. Its location also meant I could easily attend my routine but frequent medical appointments. Redeployment to one of Northern Ireland's more remote towns would have posed major problems on a number of fronts.

I e-mailed both the group editor and the HR representative concerned pointing out my problems and asking if they could give me any indication as to whether they would be taken into consideration if staff movements became necessary.

I received no reply.

I very reluctantly asked to be considered for voluntary redundancy and my application proved successful.

However, just before this happened the company's Northern Ireland Director of Human Resources returned to work following a period of absence. I made her aware of my concerns by e-mail. She did not reply.

Two days before I left I once again e-mailed the Director of Human Resources about the redeployment issue stating the difficulties I faced. Once again she blanked me on it.

I know all of these e-mails were read because I requested read receipts on each occasion.

On the day I left no representative from Human Resources was present. My editor, a good friend I have known for many years had to sign the papers on behalf of the company.

The representative of the Northern Ireland Labour Relations Agency who attended was concerned about the situation but by that stage my state of mind was such I just wanted to get the matter settled.

Had I not left a skills matrix would have come into effect in the office as all other employees 'at risk' had worked there for considerably less time than me and did not feel their redundancy packages were worth applying for.

The editor and deputy editor's positions were not deemed to be at risk and the editor would have been required by the company to mark the matrix.

Does any of this constitute unfair or constructive dismissal or have I signed away all my rights?

[Guest Old_andrew2018]

Bump

[RosaofEdge]

I don't see a dismissal but a resignation.

 

Its not a constructive dismissal because I cant see that your employer was in fundamental breach of contract to you at the point you resigned.

 

Even if it was a constructive dismissal and unfair you are now out of time to commence a claim for unfair dismissal (3 months from date of termination of the contract).

 

I hope you got a good deal in your severance terms!