I have been given a consultation letter for redundency and I am ment to be given consultation to come up with a way I can avoid redundancy. As the manager I am the only person being made redundant but last week the director who has not been work for over six months came in whilst I Was on leave questioning about me to my team and undermind me she also went in my personal drawers and told my staff that as of Monday she would be coming in taking over saying "its a dog it dog world watch this space " I have had serveral personality issues with her and her Maoris totally unapproachable and staff have left due to her bullying. I was given the letter to attend consultation only giving less aThan 24 hours notice and with no other communication from, yesterday the day of the meeting i wascut from all communication andthe director email admin director to resquest her to go into the office telling her about an inspection that he had been made aware of and to start auditing file, i as manager would manage any insection process normally, I don't have a contract despite serveral requests and I have had serveral incidents where the director has been inappropriate in the way she has ostrosized me and undermind me and I have seen the way she has used these tactics to force others out of the business. I had the meeting yesterday but feel the decision to get rid of me is personal and had already been made I made my feeling know to the hr person that if it was a consultation and the issues of the directors behaviour. Also I had no contract they have given me paid leave and a meeting Friday to come up with ideas. I have received the letter confirming the meeting and they have given response to my questions about the director behaviour which are lies and they have also lied about my contract stating they can't find their copy and that although I start nov 2010 they gave me contract in summer 2011. This is completly untrue and was not what was said in the meeting the director never commented about my contract just agreed I had an offer letter. I feel they are doing their normal behaviour of being untruthful to bully and intimiadate me out of my job. I feel anxious and well with the thought of going on Friday, although they have put me on leave can I go to the doctor and put a sick note in, or if I can't face going into the meeting should I resigne? Please advise of my best option I am worried about the fact that they treat exempt lees apaulingly not paying and providing reference so feel trapped. Thank in advance
In the past when they have been tring to ostrosized I have challenged them and confrounted the husband of the wife of the two directors it is the female director who treats me in this way.
Hello and welcome to Just Answer, As you have over a year's service with the company you will have the right to claim unfair dismissal if your contract is terminated by reason of redundancy and there is not a genuine redundancy situation and your employer has followed an unfair procedure. It is also, in some circumstances, possible to resign and claim constructive dismissal, although this can be a harder claim to prove that unfair dismissal. This means that it is probably better for you to be dismissed in order to bring a claim. If you are dismissed you should appeal on the basis that you believe that there is no genuine redundancy situation and that they have not followed a fair consultation process. You should then claim unfair dismissal in the Employment Tribunal using the form you will find at www.employmenttribunals.gov.uk
In the response letter today they have lied and saying they have given me a contract and the reason about her speaking to office staff was not to say she was taking over, they have said that I can raise a grievance if I wish to do so should i do this?They have started one to one meetings today and told them i am being made redundant due to finances and they can't afford me and a team I am supposed to have my meeting Friday to try and avoid redundancy but sound to me like decision has been made?
Hi if you have been told to raise a formal grievance about your complaint then it is a very good idea to do so. You should state that you do not believe that the redundancy situation is genuine and that the company is incorrect regarding the contract. You should ask them to explain why your role has been chosen to be redundant and what will happen to your work in the event that you are made redundant. If you feel too stressed to work then you can get signed off by your doctor and still raise a formal grievance. Ultimately if you are made redundant and make a claim it will be for the employment tribunal to decide whether it is a genuine redundancy situation and whether the employer has acted reasonably based on the evidence before it. If you can show evidence that the manager said what she said then this will support your claim that the dismissal is unfair.
10 Years of experience in Employment Law and HR
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