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'Dismissed on the grounds of redundancy'

Apologies if this is the wrong place to put this or if the public asking questions of the CIPD community in this way is not on.

I would be grateful for some advice please.

I am a Podiatrist working in the NHS. I have been in the same place of work for 23 years although I dropped 2 days a few years ago to work part time in another trust.

I am currently band 7 (in both jobs)  and have been for about 20 years. I specialise in musculoskeletal conditions and minor surgery. All my training (including MSc) and experience is in that area.

My department is being restructured and moving over exclusively to high risk foot care (diabetes work) something I have no specialist knowledge or interest in. I was offered an interview as Band 8 team lead which I declined and asked to apply for a band 7 diabetes lead role. Even though I don't have the diabetes experience I interviewed and the correct person got the job (not me).

With the restructure my post has been made redundant.

In the last week of consultation my junior colleague handed in his notice so I was offered that job, band 6 diabetes specialist despite being told that there would be no cross band matching and any match would have to be 75% similar. It is a lower role with less status and responsibility and a completely alien area of my profession. I have been offered pay protection for 3 years and training. I am the only person in the department negatively affected (I also happen to be the most qualified).

I took legal advice from a solicitor and union. I was told that proving that SAE is not suitable is hard and legal representation is expensive. As a result my union declined to help me and I can not afford the legal costs. So at this point my choice is to take the SAE or leave. I had 2 meetings without prejudice at my request.

I declined the SAE (the job is really not for me) and as a result I have been given notice of dismissal on the grounds of redundancy. No package has been offered obviously. I have asked to not serve my full notice as i am finding the whole process stressful and prefer to be out. We have compromised on 1 month notice rather than three.

After deciding that I cant go forward with any legal challenge I was surprised in the formal meeting to be told that I had the right to appeal. I hadn't considered an appeal. I was told that this was mainly to appeal the consultation process (that has generally been handled correctly).

The questions I have are;

How does an appeal differ from a tribunal?

Is it normal to self represent at an appeal (can afford legal fees)?

Is the suitability of SAE something that is suitable for appeal?

What are the chances (obviously without know the intimate details of the case)?

With huge thanks in advance and apologies again if this is against forum etiquette etc.

4129 views
  • In reply to David:

    (or isn't it gibberish? - no matter really - still tripe)
  • In reply to David:

    The cut of one's jib-erish? ....or slice of one's tripe?

    (I think it's gibberish)

    ....too.
  • In reply to Robin:

    Thanks for the replies.

    So I had turned down the 3 months offer and asked for a years salary to settle in the hope that a counter offer would be 6 months.
    This was rejected but I was informed that the 3 months is still there.

    Now learning that my now job would essentially mean continuous NHS employment (despite being lower grade and fewer hours) it means that I am unlikely to win at a redundancy tribunal.

    Looks like I will have to go back and accept the 3 months offer.

    It leaves me with an empty feeling of being bullied out of a job that I enjoyed and was good at and with people that I had worked with for over 20 years.

    Oh well. Would be silly to throw away money.
  • In reply to David:

    Jibberish & endless contradictions are the name of the game under AfC! Add to that some incredibly convoluted (and unnecessary) HR policies, general poor management practice and you end up in a bit of mess...
  • In reply to Robin:

    Some things never change.... and I go back to my first day as an NHS Ambulanceman in April 1974!

    One day they'll get it right.....

    ....Maybe.