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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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I was at risk of redundancy in in June 13 but raised a grievance

Resolved Question:

I was at risk of redundancy in in June 13 but raised a grievance as I had a disability and had reason to believe that company had selected me on that basis. Within two weeks of final date I was miraculously offered a role in a different division of company but rejected it as role did not match my skills. A day later same division offered me same role but amended role profile to match my skills. I joined in jul 13 and then did nothing for 9 months ( no exag) and I raised the issue of no work with new line manager after four weeks in role. Nothing was done and as a result my illness had exacerbated and I have been signed off. I have raised a grievance as new division will not honour original redundancy . This is a big high street bank in London - anything else I can do legally ???
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Are you saying that you are literally turning up to work to have nothing to do?

Customer: Absolutely
taratill :

Ok has your grievance been heard? If so what was the outcome?

Customer: No I am only raising now as I have exhausted informal route with line manager and hr
taratill :

Ok do you think the reason you have no work to do is connected with your disability and the historic redundancy issue?

Customer: No I believe I have an Incompent director - I suffer with ME/cfs and he was aware but I used to go to work and do nothing all day and I soon became worse. I eventually after four weeks contacted the HR team and advised the issue and requested to know if my redundancy was still available but they said I had not elected to trial the new role !! Well as the job spec was written to suit my skills I don't think I would ever trial .....now they are intent on taking me too a formal route of health and well being and absence even though they caused the exacerbating symptoms
Customer: I think they are looking for a dismissal based on capability to do a job despite there being no job
Customer: We had an informal meeting with hr, Union and m boss and they agreed to provide meeting minutes however they have sent two versions through and both are inaccurate so I reject them
taratill :

Ok how long has passed since the original redundancy date?

Customer: I am keen to know where I stand legally via the disability or equality act and what else I can do to severe this relationship
Customer: The original date was jun 28 2013 and I started the new role in the same company July 14 and I made my first frustrations heard by a week later followed by numerous emails to hr and my boss who is a director
Customer: Seems they quote a technicality ie I did not say. Was trialling the new role
taratill :

Ok well too much time has passed now to say you are entitled to the original redundancy payment. You do however have grounds to claim constructive dismissal and disability discrimination. You cannot be expected to attend a job where there is no work and then be put on capability measures. That is clearly unreasonable. I would suggest you raise a grievance to the employer to state that you believe what has happened since the redundancy amounts to a serious breach of trust and confidence and to disability discrimination and state that you feel that you have no alterantive now but to resign and raise a claim. You can tell them that you would be happy to accept a redundancy payment as an alternative to bring the claim, particularly as it appears that the job you were offered does not exist in any event.

taratill :

They may, if they agree to this, ask you to enter into a settlement agreement.

Customer: Even though I raised my case two weeks after starting ??? And have chased it ever since ?
taratill :

If they do not and you cannot continue working you can raise a claim. If you have evidence that you have not been given any work then I think you have an extremely strong case.

taratill :

Yes you have a 6 month time limit to claim redundancy pay. This is why constructive dismissal is now the correct claim.

Customer: I did not receive any appraisal or objectives or 2013 or 2014 so this proves no work
taratill :

Yes this supports your position. If you are with a union then they should support you. Also if you have a household insurance policy this often contains free legal expenses insurance which is worth looking into.

Customer: They are intent on pushing this formal
taratill :

If you are dismissed you can claim unfair dismissal.

Customer: Ok do I receive an email on this chat or do I need to cut n paste ?
taratill :

You should receive an email and be able to log back in using your email address and password.

Customer: I'm not sure that this particular bank would like the name in the newspapers
Customer: I'm a senior person there too
taratill :

Well that helps you. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my asnwer. Thank you and all the best.

Customer: Ok thanks I hope this works out as this is lots of stress right now
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