Thank you response. I have worked there since December 2005, so 9 years. The main reasons that i believe that i have grounds to claim unfair dismissal are:
(1) The job description used in the redundancy process was not accurate, I have fulfilled a significantly different role past 18 months.
(2) Other opportunities within the company were not fully explored.
I feel that I can show through emails & meeting notes that I was marginalised and bullied by a senior member of staff, she is the one I have taken out a grievance against.
RE (2) There is a vacant role in the company as the archive senior researcher, which I had considered applying the redundancy, I had discussed it with the person that the post reported to and they had said that i would be very suitable. However my application was not put forward as they said I did not have the relevant experience, I had previously worked in this department.
The post identified was a one off manager post (mine) but I understand that another managerial post has been created within the team and filled by one of my junior team members.
Should I refuse the enhanced offer and ask compromise agreement and an increased offer or do I need to say that I intend to take them to a tribunal?
PS Would it be a good idea to get a sickness note from my GP or ask delay because I will be in hospital operation?
Tim, many thanks patience. I will deal with each point you raised about the potential unfair dismissal separately.
First of all the job description. The specific job description of your current role may not have been used but what matters is whether the actual role you are doing now is going under redundancy. So they could have meant or your current job to be removed, but used the description of your old job as it is the only one they had on hand . That in itself will not make the redundancy unfair as long as it was intended current role to be the one placed under redundancy.
As to any other available opportunities, if there is a redundancy situation, an employer has a duty to offer those employees at risk any suitable alternative employment (“SAE”) that may exist at the time. The objective is to keep the employee in a job rather than make them redundant. Therefore, if an employee accepts an offer of SAE, their employment will continue in the new position and they would lose their entitlement to a redundancy payment. This would really depend on what is available at the time of redundancy – the employer does not have to create a job and there could be other posts created employees at the time but what the employer must consider is vacancies, not something which is already filled in.
Finally, the bullying issues – bullying is not something which you can claim by itself and you can only include it to show that you were perhaps selected unfairly due to the bullying, or that the redundancy selection was part of the bullying process itself. Obviously whether you can use that would depend on who made the selection, whether it can be shown that you were picked on and can link the bullying with the redundancy.
When it comes to taking this further, there is nothing stopping you from asking meeting to discuss the option of a settlement agreement with an increased offer. I suppose the worst that could happen is that they say no and also withdraw the enhanced offer, but then you could consider the tribunal route. Just remember than in an unfair dismissal claim your compensation will only reflect your actual loss of earnings so if you find a new comparable job soon after leaving (you have a duty to try and find work ASAP), then your losses will be quite low and the whole claim may not be worth it. You may even end up getting less than what you would have received had you accepted their enhanced redundancy offer. So that s always the risk in these circumstances. But if you are willing to negotiate a settlement then you may do so at any point and do not have to mention that you may go to tribunal although you may do so as part of the negotiations prices to let them know what your intentions actually are.
Hope this clarifies your position? If you could please let me know that would be great, thank you
, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? I just need to know whether to close the question or not? Thanks