Redundancy on maternity leave

[JellyDel]

I was on mat leave but got made redundant due to a merge of depts and there was a suitable new role.

I was made to go through the whole interview process etc and was 'unsucessful' for one of the new roles.

Since i left on mat leave (last april) the company had been taken over and there is a new manager that i had not even met till i got called in for the 'at risk' meeting.

I have received my final pay, redundancy pay and p45.

I appealed stating that i did not want a job due to breakdown in relationship and feel demeeded by the whole process.

3 weeks later i received a letter saying my appeal was upheld and i should contact my manager to make arrangements to go back.

I do not want to go back and made it very clear, i want compensation for loss of earnings till i find another job.

I have tried to consiliate with them through acas, but (3 weeks later) are not willing to conciliate and will defend any claine stating that they made a simple mistake that they imidiattly put right by offering a job, they don't believe there is any breake down in the relationship of breech of contract!!

 

My questions are:-

if i go to a tribunal how likely is it that the outcome would be a job? and if that is the out come would i have to go back.

what would happen about the redundancy money i have already received?

Do i really need a solicitor? i really can't afford one.

 

I only have 10 days till the ET 3 month deadline as they have dragged their heels!

Thank you

[circumhrgirl]

Hi, have you thought about using any advice from anyone like the Citizens Advice Bureau, a no win no fee solicitors, or utilised the legal aid you can get from a house insurance policy? All of this is free advice (as far as I know).

 

You can go to a tribunal without a solicitor, but I guess they have the expertise and knowledge and that's what you would be paying for. A number of my friends have represented themselves, but unfortunately not successfully. My friend was going to be charged over £10k for a barrister to represent him in court, but the company settled before the case was heard.

I think it's hard to judge what would happen in a tribunal and what decision they would make, even with all the full facts. Have you asked ACAS about the redundancy pay issue if you lost your ET case?

 

I guess if you are determined that a tribunal is the only route to go for you personally to settle this matter (or the only route in order to get your settlement), then you should get your application in before the deadline. All the best.

[Emmzzi]

I am really confused. You want neither a job nor redundancy. An ET will not see you as "entitled" to anything but one of those options. Redundancy *is* in effect compensation until you find a new role.

 

I would actually go back to work (you can't say you have given new boss a fair chance really) and look for a new job if you do not like it.

[Sidewinder]

Have to say that I agree. Any Tribunal will almost certainly determine that whilst the employer may have erred initially in not offering you a suitable alternative role, they have remedied this by offering you continued employment. Whilst you might feel upset at the initial treatment, I don't see that the employer could do any more.

 

You say that ACAS are mediating - what is their angle on this?