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Ross Miller
Ross Miller,
Category: Employment Law
Satisfied Customers: 622
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I have been employed by the same company for 8 years for the

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I have been employed by the same company for 8 years for the last 4 years doing my present job Horticultural Buyer. Recently, I had an honest conversation with my manager's' first in command. There is more pressure on the business now and my my colleague told me that my role is going to expand in the future, more responsibly, bigger role etc. Quite frankly, I am not up to it and I'm sure that the management think the same. In my conversation with my colleague maybe mistakenly, I told my him my intention to set up my own small company and to leave next year. He encouraged me to so. What I want is to be made redundant and finish at the end of February but my manager probably knows of my intention yo leave. Can I ask for redundancy or have I messed up any chance? Sarah
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: No, it is a small company and there is no HR dept.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee, no union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so
Customer: replied 10 days ago.
Oh yes and I am partly disabled, registered as such.
Customer: replied 10 days ago.
Are you still there?

Hello my name is ***** ***** I am an expert in employment law, I am happy to provide you information about the above. When you say you want to ask for redundancy, have you been advised formally that your role is going to be made redundant?

Customer: replied 10 days ago.
No. This is my situation. The Company was bought out two years ago. Since then my role has developed and become more demanding. In my busiest time which is Spring I was very stressed which triggered a psoriasis flare up which hasn't receded. This concerned me as I had a brain tumour 6 years ago which has left me with some symptoms and am now partly disabled. Consequently, I have been concerned about my health and no longer want to do this job and I do not to be stressed again. I have thought about taking stick leave. I am 52 and I want to start my own consultancy which I can develop and grow over the rest of my working life. The business is under pressure and they will demand more of my role. I don't want to do this role for much longer and I am not the heavy weight buyer I think they will need as the business develops and as my colleague has informed me and reading between the lines the role will expand and become even more demanding in the future. I have expressed my intention to set up on my own next year to my colleague. Consequently, he will have told this to my Manager. I think they would be happy for me to leave and do this. Ideally, I want to leave at the end of February and start my consultancy from March. What is my position and what should I do you think I should do? Sarah Bowe
Customer: replied 10 days ago.
Ross, it is early morning and won't be able respond properly until this evening. Sarah
Customer: replied 9 days ago.
Are you still receiving my messages?

Thank for the further information. There are actually quite a few potential issues going on here. If you have a disability due to previous ailments then they should not just be expanding your role, this could actually constitute a legal discrimination. Secondly, if they are changing your role to the point you want to leave then this could constitute a constructive dismissal. However there are processes you have to go through before you simply take legal action which start with taking up a grievance with your employer. I just also wanted to touch on redundancy, this is not a sum paid to you because you no longer wish to work for the company but a sum paid to end your employment because your role is no longer needed, which may actually be the case here. However, what I could suggest to you would be employing legal representation who could raise the legal issues with your employer and look at negotiating an exit agreement for you. This would save the difficulties with tribunals and also assure you employer that they will not face any legal action.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

 

 

If you wold like me to provide you with my company details to potentially undertake this work then I would be happy to do so. However, we have to provide this via a website service as we have rules to follow using the website. I would require you to accept the answer first. Hopefully you can have this issue resolved either way. Kind regards

Ross Miller and other Employment Law Specialists are ready to help you
Customer: replied 8 days ago.
I am very stressed at the moment due to job and am considering taking sick leave. I would like to enlist your Company's as I feel I need support with this. So you think there may be a case? However, I am concerned about the fees?
Customer: replied 8 days ago.
I would like details of your company