What is wrongful redundancy?

[heathrow]

Where does the fine line between being fired and being made redundant occur? This is quite a complex story but I am hopeful somebody will stay with it and can point me in the right direction.

 

I was employed part time for more than two and a half years but during the last six months or so I felt I was being bullied and poorly treated by my line manager who I feel was trying to force me into resigning. After five months at the company they moved the work I was involved in from a purpose built facility to an off-site building that was dark, cold in winter, extremely hot in summer and was totally inhospitable. Although I did not have to work in the facility permanently, I did have to visit it most days that I was at work normally for an hour or so; towards the end for more than three hours at a time. In winter there was no heating and the temperature was sub-zero. I complained about the changed circumstances to my line manager but was told it was only temporary until a new building could be built. Subsequently promises were made but the facility remained unsatisfactory until I was informed I was to be made redundant. That very week work began on improving the facilities although I was told it was being outsourced. The temporary facility had remained for two years.

 

Prior to this about 60% of my work was transferred to another part of the company and removed from my responsibility. I was prepared to travel to the site and continue with this part of the job but was not given the opportunity.

 

I had various 'discussions' with my line manager because I considered the conditions I was being expected to endure were unfit but he refused to enter any debate and continued to order me to do work in the facilities that I felt were unreasonable, if not hazardous. My line manager has never supported me or been willing to discuss things and at times I was even required to bring in my own tools to make my job workable. During the last few months my line manager's attitude towards me had become completely hostile and he refused to discuss any aspects of my work in a reasonable way. I complained to HR although at that time I did not formalise the grievance. However, the day prior to my redundancy announcement I was again subjected to harsh treatment from my manager and was about to make the grievance official when I was told I was being made redundant.

 

I have been through the grievance proceedures with the company but feel this has been biased and has resulted in my redundancy being made official and because I was only part time I will come out with only just over £450 redundancy pay and four weeks salary. As I am 60 years old, finding alternative work is extremely difficult and I am now finding that I have not got sufficient money to live on and do not know how my wife and I will survive on the little she earns.

 

I have contacted the 'no win-no fee' lawyers but they will not consider the case because my salary is insufficient to cover their costs. I view this as highly prejudicial but I feel I have a genuine case against my former employers for bullying and wrongful redunandcy because my job has been passed to others in the company to do, and I feel that the company should pay me compensation.

 

Can anyone advise me what to do please?

 

One other question: I would like access to my HR file. This has been granted but I will need to go to the firm's offices to see it which obviously I am not keen to do. Does anyone know whether the Data Protection Act of the Freedom of Information Act gives me the right to request potocopies of the file sent to me?

Thanks.

[honeybee13]

Hello there. Have you spoken to the ACAS helpline or the CAB about this? CAB branches vary in their knowledge of employment matters, but ACAS are usually helpful.

 

And the directgov website has quite a lot of information.

 

HB

 

PS Thank you for saying please and thank you. I know I'm old-fashioned , but it's nice to see.

[Bigredbus]

Where does the fine line between being fired and being made redundant occur? This is quite a complex story but I am hopeful somebody will stay with it and can point me in the right direction.

 

I was employed part time for more than two and a half years but during the last six months or so I felt I was being bullied and poorly treated by my line manager who I feel was trying to force me into resigning. After five months at the company they moved the work I was involved in from a purpose built facility to an off-site building that was dark, cold in winter, extremely hot in summer and was totally inhospitable. Although I did not have to work in the facility permanently, I did have to visit it most days that I was at work normally for an hour or so; towards the end for more than three hours at a time. In winter there was no heating and the temperature was sub-zero (Breach of The Workplace (Health, Safety and Welfare) Regulations 1992, which states that workrooms temperature should be at least 16 degrees celsius, unless the work involves severe physical efforts, in which case the temperature should be at least 13 degrees celsius) . I complained about the changed circumstances to my line manager but was told it was only temporary until a new building could be built. Subsequently promises were made but the facility remained unsatisfactory until I was informed I was to be made redundant. That very week work began on improving the facilities although I was told it was being outsourced. The temporary facility had remained for two years. (There is, here, grounds for a grievance)

 

Prior to this about 60% of my work was transferred to another part of the company and removed from my responsibility. I was prepared to travel to the site and continue with this part of the job but was not given the opportunity.

 

I had various 'discussions' with my line manager because I considered the conditions I was being expected to endure were unfit but he refused to enter any debate and continued to order me to do work in the facilities that I felt were unreasonable, if not hazardous. My line manager has never supported me or been willing to discuss things and at times I was even required to bring in my own tools to make my job workable. During the last few months my line manager's attitude towards me had become completely hostile and he refused to discuss any aspects of my work in a reasonable way. I complained to HR although at that time I did not formalise the grievance. However, the day prior to my redundancy announcement I was again subjected to harsh treatment from my manager and was about to make the grievance official when I was told I was being made redundant. (Did you keep detailed notes of those occurences?)

 

I have been through the grievance proceedures with the company but feel this has been biased and has resulted in my redundancy being made official and because I was only part time I will come out with only just over £450 redundancy pay and four weeks salary. As I am 60 years old, finding alternative work is extremely difficult and I am now finding that I have not got sufficient money to live on and do not know how my wife and I will survive on the little she earns. (Did they follow proper procedures in making you redundant (dismissing you))?

 

I have contacted the 'no win-no fee' lawyers but they will not consider the case because my salary is insufficient to cover their costs. I view this as highly prejudicial but I feel I have a genuine case against my former employers for bullying and wrongful redunandcy because my job has been passed to others in the company to do, and I feel that the company should pay me compensation.

 

Can anyone advise me what to do please?

 

One other question: I would like access to my HR file. This has been granted but I will need to go to the firm's offices to see it which obviously I am not keen to do. Does anyone know whether the Data Protection Act of the Freedom of Information Act gives me the right to request potocopies of the file sent to me?

You may put a request, in writing, to disclose all documents, processed by them under any form (electronic, in writing, etc...) under s.7 of the Data Protection Act 1998. You would have, if requested, to pay the maximum statutory fee of £10.00

 

Thanks.

 

In redundancy situations, either the position disappears, or the workplace disappears. You mentioned that in your case you job has been given out to some other workers...

[heathrow]

Thanks Bigredbus ... yes the job was moved to another branch of the business but I assumed I would still be responsible but it has been passed to somebody else to do. I was also being harassed by my line manager and I am 100% sure he was trying to foce me to resign because I had complained over filthy working conditions.

I have tried to get through to ACAS but there is a long queue when you ring their number and frustration has so far got the better of me but I keep trying.

The CAB in my area tales 3 weeks to respond.

Regards

Heathrow

[Bigredbus]

You could check if, in your area, there are employment lawyers who would be willing to do the preliminary work pro bono...

 

You seem to have 'suffered' a period of mistreatment, both in being bullied and harrassed, and work conditions...

 

You must write down all evidence you can remember, if not done already...

[honeybee13]

Hello there. I believe ACAS are less busy if you phone not long after they open the helpline, can't remember when that is. You may need to set the alarm clock - I would . HB

[heathrow]

Sorry folks but I have not been on the site for a while and time goes so quickly when you are searching for a job. The long and short of this at the time of writing is that I am now redundant and a 'no win - no fee' firm thonks I have a case to pursue and I waiting to be put in touch with one of their specialist lawyers.

I am keeping my fingers crossed.

Thanks for you help.

[honeybee13]

Good luck Heathrow, please keep us posted. HB