Do I have a Legal Case?

[IllMakeYouFamous]

Middle of last month my employer announced their structure changes and what it looks like for managers.

 

We were told in a presentation that we have to submit our preferences for the new job roles and there will be an option for voluntary redundancy.

 

So we are given some time to decide (about 10 days) with figures for VR on what we wanted to do. Some q&a's came out. When they did it then said that VR would be considered no.1 preference over the other preferences. After getting my head around that i though ok I need to ask HR some questions that relate to me and these answers were not forthcoming so when deadline day/time came I had no choice but to put down what I wanted without all the answers I required.

 

A week later they informed me they had not made a decision they will be in touch and acknowledged my requests. Another week passed they called and informed me again still not decided but by this time everyone around me regardless of choices had their outcomes. As another week passed I spoke to our HR department as I was not getting answers on what was happening and wanted to understand why. They said that every person went through a scoring process and that I had scored too high for them to automatically let me go VR so they need to decide what is best for the business. Ok fair enough maybe VR i wouldnt get.

 

A week later I get a call to say my VR request had been accepted. Excellent at least some closure on this I can move forward.

 

I get a call from the new area manager to tell me that the job I am currently doing they will be advertising and wanted to make sure I was happy with my VR. I said well if you are advertising my Job why did you accept my VR request bearing in mind they asked me if I wanted to be considered for it. He said they can because my Role technically no longer exists and its a different job title. Ok. When I look at the 2 roles there is 1 difference and a new title.

 

I went back to this person and said ok they maybe a slight difference but this role and a slightly lower position were considered suitable alternatives when making the choices what has changed. To which he which he couldnt answer. I then said if my role technically doenst exist then on the date of the changes I dont want to be in this role and be placed on gardening leave or alternative duties in line of my current job description. He said he cant do that however I can effectively take a demotion while I worked my notice, or I can withdraw my VR and they will score me up (thought they already done) and see where I can go and then apply if i need to. I was told any score I was told earlier I am not entitled to know what I could of lost out on just the score as this in confidential and they will effectively tell me others scores!

 

This conversation went on for a while and it was agreed I stay doing what I am doing until my leave date.

 

Now I want to know can they advertise my 'job' if they are making me redundant/accepting my VR request?

 

Can they ask me to work at a lower level?

 

Can I effectively claim I have been dismissed/forced out of the company?

[Emmzzi]

I am confused.

 

If it is voluntary redundancy you can take it or not. So there's no case there.

 

There is only a potential case if you are not found suitable alternative employment, and at that stage you are not made redundant (voluntary or otherwise)

 

This has not happened so currently there is no case.

 

What do you actually want?

[IllMakeYouFamous]

I did want the VR but only as a last resort if they cant find me a job... Just wanted to know where I stood legally if you said no case then I will leave it be I wasn't sure if they could advertise your 'job' by accepting the request

[Emmzzi]

it isn't your job, it is a job at a lower grade. You just need to decide if you want that or VR, I think.

[SweetLorraine]

Do you want to stay or go? - if you take VR, you're gone - move on. It may be 'attractive' to think you might be able to nuance and tease a claim, of sorts, against your employer - you won't manage it. Search this site to see how those with reasonable claims have been turned over.

 

Sorry to be a bit direct, tough love I guess, but I'm trying to save you lots of time and stress. If you want peace of mind though, please pay to see a legal rep. for an hour. Money well spent at such an early stage (really can be).

 

Good luck for the future.

[IllMakeYouFamous]

Do you want to stay or go? - if you take VR, you're gone - move on. It may be 'attractive' to think you might be able to nuance and tease a claim, of sorts, against your employer - you won't manage it. Search this site to see how those with reasonable claims have been turned over.

 

Sorry to be a bit direct, tough love I guess, but I'm trying to save you lots of time and stress. If you want peace of mind though, please pay to see a legal rep. for an hour. Money well spent at such an early stage (really can be).

 

Good luck for the future.

 

Thanks I just needed that peace of mind if it was worthwhile or not!

[SweetLorraine]

I'm afraid the ET process has many shifting sands and there are many factors, other than the strength/weakness of your claim, that can improve/decrease your chances of success - such as whether you have legal representation or not, how good is the legal reps on either side.... what mood the judge is in that day, and so on.

 

I sat in on a hearing where a unrepresented claimant was claiming unfair/constructive dismissal through bullying etc; and had left the firm after taking a compulsory redundancy package.

 

The firm's voluntary redundancy scheme had an employee simply leave; the compulsory redundancy scheme gave the employee the same redundancy amount - but the employee had to go on a redeployment list for three months to see if he/she could be found a job elsewhere within the organisation.

 

Now you might imagine that because the employee left through compulsory redundancy rather than voluntary redundancy that that was a (debating) point in his favour?

 

However, because the claimant had been on the redeployment list the judge decided that that was an indication that the employee wanted to stay with the firm - not leave it, so how could the claimant subsequently claim that he had been forced to leave? An (uneven) circular argument then took place as the claimant politely/repeatedly insisted he had been forced/bullied to leave (through the redundancy process) and the judge repeatedly (and with increasing anger it seemed to me) challenged the claimant's desire/need to leave because he had been on a redeployment list. The claim was struck out.

 

I left with my head spinning at the 'logic' of the judge - Lord knows what the claimant made of it all, he got steamrollered by the judge on that particular (seemingly insignificant) point.

 

If you do go see a legal rep. ask them about the vagaries of the ET process while you are there.

 

I can assure you though, the last thing an ET process offers a claimant (successful or not) is peace of mind.