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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I have been put at Risk of redundancy by the company I have

Resolved Question:

I have been put at Risk of redundancy by the company I have worked for (6.6yrs). There will only be one post and three of us. There have been significant changes to the new post being created and the geographical area the new post covers is also significantly wider than the area I cover now which would lead to increased hours of travel.
I currently have cancer. I work from home 2 days a week to help support my health and energy levels. I have worked full time through my illness since 2008. The redundancy package would only provide 3 months salary. I would also loose my private medical care that I access. I also believe due to my illness and the flexibility of working hours that I require that it will take me much longer to find a new job. We are still in times of austerity too. Can I use my disability to seek a greater financial redundancy package given the potential loss of my job? Would I be better seeking voluntary redundancy ( even though I don't know if there would be any financial benefit?) What would be my best angle to take and the language I need to use to present my case?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.

taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

Have they stated which criteria they plan to use to select people for redundancy?

taratill :

Have the asked for volunteers or have they said they will select according to criteria?

Customer:

There are 3 people matched for the 1 job we have all been 90%matched. We will be selected through: interview/skills/qualifications/work experience/past performance/flexibility/attendance record/disciplinary/capability.

Customer:

They have not asked for volunteers for redundancy yet. I don't have my first 1-2-1 consultation until the 15th July. I wanted to be clear about what I can and cannot ask for. They have treated me very well up to now. I have no reason to believe they wont but they are trying to make savings and there are 5 managers at risk of redundancy in total for this phase or restructure.

taratill :

Hi there is nothing to prevent you from asking for voluntary redundancy or for an increased package and citing your disability as a reason for wanting this. The problem is that there is no obligation on the employer's part either to select you for redundancy or to pay you an increased package so they can refuse to do so. As you are no doubt aware you are a disabled person for employment law purposes and this puts an obligation on them to make reasonable adjustments and not to subject you to a detriment. This means that they cannot select you for redundancy on the basis that you have cancer so they will have to find other reasons to select you that are not related. This does not prevent you from asking them to use this as a consideration.

taratill :

Is there anything further you would like to know?

Customer:

So am I just relying on the good will gesture of them to provide me with a better package? Another colleague who was made redundant a few years a go had a disabled child. They paid her an increased redundancy package as she argued that by making her redundant she was more challenged to find a new job, does this mean there is precedent within the company that I could you to negotiate a better deal?

taratill :

Yes you certainly could use that to your advantage and ask them to pay you the equivalent.

Customer:

In addition to this my concern is that the job rewuires me to travel significantly more on a regular basis and increases the amount of travel I woul dbe expected to do.

taratill :

Yes I can understand that. You need to ask whether any reasonable adjustments could be made to reduce the travelling for you as you do not feel you can cope with it with your condition.

Customer:

opps sorry didn't mean to send.... I don't believe I can do the new proposed job without it impacting on my health. Could this be seen as grounds for precluding me from the new post. Would I need to prove this somehow? Also what about asking for financial recompense too for the loss of my private medical insurance?

taratill :

You should tell them you believe you will be incapable of doing the job, they should then either accept your position or ask for medical evidence. Normally through occupational health or a private expert at their expense.

taratill :

As redundancy is a fair reason to dismiss you would not be entitled to compensation for loss of private medical insurance but they may be willing to offer it as part of a package.

taratill :

I would suggest you sit down with them and say you want to go and ask what they are prepared to offer in the circumstances.

Customer:

Can you advise on the way I might ask all these questions please?

taratill :

I think it is best to ask for a face to face meeting as this does not really constitute a grievance situation. If you are uncomfortable with that then you can make a request in writing.

Customer:

I will be having a 1-2-1 consultation with them but just wondered if there is a 'professional' way to ask the questions?

taratill :

There is no 'professional' way of asking these questions. If you have a 1-2-1 booked then that is the ideal time to discuss the issues. If you emphasise the adjustments that would need to be made to assist you in the new role then they are more likely to be willing to negotiate a package with you.

taratill :

If you have any further questions please let me know.

taratill :

I would be grateful if you would also take the time to rate my answer.

Customer:

I think what I have understood from this is that I have no rights to expect a 'better' redundancy package from them but it is now down to their good will as to whether they offer one. Is this correct?

taratill :

Yes that is absolutely right. I think that they may be willing to help you as they will be concerned that you may be able to bring some form of discrimination claim in the event that you are either selected for redundancy or offered the role and they cannot or will not make adjustments. If there is evidence that in the past they have paid enhanced payment to people with disabled family members you should raise this with them and ask them to do the same for you.

Customer:

Is there anything else you feel I could explore with them and ask for to ensure this does not have a detrimental impact on me financially.

taratill :

No I don't think so I'm afraid.

Customer:

Thanks. Bye.

taratill :

All the best with it. I do hope you sort something out. Please remember to rate my answer as I am not otherwise credited for my time. Many thanks

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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