Cheated out of redunancy

Avenged7Fold said:
Haha

To be honest, if i was your boss i would quite happily pay to see you go through that door, especially considering you have managed to get yourself banned from even the daily mail website for controversial/racial comments. Considering this was done from your work computer, while at work... well your lucky you didn't get the boot after being so public about professional shortcomings.

OP, cut your losses. You may have had the wrong things said to you on one day at work but it seems you have been doing the wrong things at work for a while. Given all of this, you can imagine a case for fair dismissal wont be hard to make and not undeserved either. Hell, some of the things you have posted doing at work range from unreasonable to illegal depending on what you do for a living.
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The new employer don't know about that though. Those threads were 5 years ago. I can see how my joking work threads over the years all add up to make it sound like i am a bad employee. I am not and do work hard. Never heard of a voluntary redundancy being refused because the employee was late all the time or drinking at lunch, in a lot of ways i think i should have tried to make myself less needed after the new company came in (ie do a bad job). That way i may have been in line for redundancy.
 
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Deathjester said:
Bolded the important part.
If that's the official line they held and they have then (following your resignation) replaced you internally then you have a case for unfair dismissal.
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But he's not been dismissed.
 
Go to HR quickly and explain your case. If you have the paperwork to back it up then thats good.

If there is no HR try and find an employee relations liaison.

All the best.
 
Wow them links totally change matters.

No wonder they wouldnt offer you a redundancy.

The lateness record is unbelievable to be honest.
 
They probably didn't offer you redundancy because you were late all the time and based on the fact you had a place at work to sleep probably didn't do very much. The people who make these kind of decisions are influenced by things like that, no manager likes someone who's constantly late and lazy. You would've been fired at my place for lateness like that
 
Nail them for constructive dismissal.

Claim you feel they have played you, and you felt forced to quit, and they you were in fact vindicated that they were just waiting for you to quit to prevent them having to give you redundancy.

Seriously, do not worry about amplifying your case, play the paranoid and so on, it doesn't matter. You COULD feel like they were exactly out to get YOU and felt wronged, and that is the whole base of the constructive dismissal *even if you have quit*

Constructive dismissal is awesome. look it up, just quietly mention it in the ear fo the HR persons and see them fall over...

(I'm serious BTW, unless you were drunk on the job and stuff, the sort of circumstance you are in a just RIPE for it.)
 
anything I don't mind said:
I will move on. The point was 3 months ago i requested redundancy and was the only one who they refused, then i resigned and they offer it again and send me the email even when i am not eligible.
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So they are a petty or, at best, incompetent employer. Look on the bright side - you're getting out.

But also:

lol groen
 
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Caged said:
So they are a petty or, at best, incompetent employer. Look on the bright side - you're getting out.
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petty OR incompetent is awesome for constructive dismissal -- having both is even awesomer. They are really shooting themselves in the foot.
 
more likely you guys are being fantasists with this constructive dismissal nonsense...

how on earth can you argue that he was being forced out because they declined to make him(along with a bunch of others no doubt) redundant?

They're not obliged to give it to everyone who asks - say they have one round and a whole bunch of people from department X volunteer and not so many from department Y... well lots of the people from department X will likely be turned down that round... you don't want say everyone in IT to go or all the receptionists etc..

that doesn't equate to constructive dismissal, tis standard practice... nor does getting annoyed that you then handed in your notice anyway and they announced a second round of redundancies that you may or may not have been a part of anyway - that is just unfortunate timing - you don't get to sue just because you're a bit gutted you missed out on some redundancy you might not have even got had you applied second time around...
 
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dowie said:
more likely you guys are being fantasists with this constructive dismissal nonsense...

how on earth can you argue that he was being forced out because they declined to make him redundant aka they decided he was worth keeping?

They're not obliged to give it to everyone who asks - they have one round say and a whole bunch of people from department X volunteer and not so many from department Y... well lots of the people from department X will be turned down that round

that doesn't equate to constructive dismissal... nor does getting annoyed that you then handed in your notice anyway and they announced a second round of redundancies that you may or may not have been a part of anyway - that is just unfortunate timing - you don't get to sue just because you're a bit gutted you missed out on some redundancy you might not have even got had you applied second time around...
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I think the suggestion was to lie about it and claim constructive dismissal.
 
Pudney said:
I think the suggestion was to lie about it and claim constructive dismissal.
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which is even more retarded... granted I'm not a lawyer either but some of the 'oh its constructive dismissal' posts are ridiculous

sure OP might as well go get a free consultation if he really thinks there is some part of this where he's been treated unfairly but it really doesn't seem like he has
 
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