grievance & redundancy

Good afternoon all, I'm after some views on making somebody redundant whilst they are going through the grievance procedure. The grievance is pertaining to being pushed out of their role by another manager. Would it be seen as fair making the employee redundant when their grievance is still ongoing? thanks
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    • Hi Sarah

      Before you suggest they consider reaching an agreement with you, I would ask them a few questions in writing:

      what steps did they take to avoid your redundancy, as avoiding redundancy is their duty as employers,
      If they are doing this to cut costs, what cost cutting methods they introduced before turning to redundancy,
      How they identified your job as the one to be made redundant
      Who was put in a pool with you.
      What alternatives to redundancy have they considered and rejected
      Did they consider bumping.

      You will be able to come up with questions that fit the circumstances better than me. The point of asking the questions in writing is to get them to realise that the answers will reveal holes in their process.

      Depending on how they have split your duties between the MD’s wife (unusual job title) and the external company, you might also be able to argue that TUPE should apply and you should be transferring to the external company. If she is just taking on a few tasks and the bulk of your work is being outsourced, or if the time you spend on the tasks being outsourced is significantly more than those Mrs MD will take on, I would give this a try.

      I agree with Ray and Keith that your time with this company is over. If you can create doubts in their minds about their position, you will have a better chance of negotiating a decent settlement. Once you have got past the hurt of this situation, you may well look back and bless the day you got out of this business.
  • Hi Elizabeth,
    Thank you for coming back me. I really appreciate you taking the time out to give me this advice, it has really lifted my spirits. I will certainly take on board your comments and put some questions forward to the company.
    Thanks again
    Sarah
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