Redundancy and discrimination? -(maybe!?!)

[dhalv]

Hi chaps,

Looking for some advice on an issue that myself and my colleagues are facing. We work for a large organisation and they have put our whole team 'at risk', in other words after consultation and if the business chooses to proceed with the changes, which we know they will, we are to be made redundant!

Also,

The whole team is displaced and they are moving the team to the US, this issue is that we are not allowed to apply for those roles, as they are now in the US as they are not offering relocation and only want US citizens to apply.

The questions are:

Could this be construed as discrimination against UK and EU employees?


Are there any questions that are worth asking during to consultation period and how should I word them to ensure I get a clear answer.

Your helps much appreciated, thank you all.

Edited by dhalv on Monday 18th March 21:17

[andy-xr]

No, that's a valid enough business reason really, not worth fighting. Hold your cards right now for the money and start polishing up your CV. It's never nice, but it happens, you can take it one of two ways, one's more productive than the other, but hold out for the redundancy offer, there's no shame in your role (not you) being taken away. An ex gratia payment and compromise agreement would be worth reading up on

[davepoth]

andy-xr said:

No, that's a valid enough business reason really, not worth fighting. Hold your cards right now for the money and start polishing up your CV. It's never nice, but it happens, you can take it one of two ways, one's more productive than the other, but hold out for the redundancy offer, there's no shame in your role (not you) being taken away. An ex gratia payment and compromise agreement would be worth reading up on

All of that. Keep remembering it's not about you.

[MitchT]

dhalv said:

Could this be construed as discrimination against UK and EU employees?

Well yes, but it'll be the US Department of Homeland Security that's discriminating against you, not your employer. Let me know how you go on if you decide to take them on and... err... good luck with that!

In the meantime... do what the others said. Be as close as possible to having something else lined-up so any redundancy payment is a bonus rather than mere food and shelter.

[Terminator X]

In my experience once you're "at risk" you're as good as gone. Don't take it too personal, push for the best deal you can and start looking for another job. Best case is you start a new job with redundancy cash in your back pocket.

TX.

[craigjm]

andy-xr said:

No, that's a valid enough business reason really, not worth fighting. Hold your cards right now for the money and start polishing up your CV. It's never nice, but it happens, you can take it one of two ways, one's more productive than the other, but hold out for the redundancy offer, there's no shame in your role (not you) being taken away. An ex gratia payment and compromise agreement would be worth reading up on

This is good advice.

[craigjm]

Terminator X said:

In my experience once you're "at risk" you're as good as gone. Don't take it too personal, push for the best deal you can and start looking for another job. Best case is you start a new job with redundancy cash in your back pocket.

TX.

I have seen many people put "at risk" who end up staying and often in better jobs. It doesn't always have to mean that you are as good as gone.

[dhalv]

Fair cop. Appreciate the advice guys.

As with these things it isn't great and this doesn't feel right, but obviously how it feels and what is correct interms of law can be two different things.

Working on my CV and will try and take this as a great opportunity to reassess and make good on what I really want to do.

Thanks and sleep tight!!

[andy-xr]

The only other thing to watch is that they're following process in terms of consultation. They're probably being advised, but never hurts to know what your rights are - it's all on the gov.uk site.

Once you read up more about the process you should be in a better position to know what's coming up and when it'll arrive, so any deviations from that means they're not playing straight and you might have recourse. Whether you want to do that or not is something for you to figure out depending on the initial offer.

The biggest thing to realise is when it happens, you have to understand you're not working there anymore, and it can affect some friendships that were based around proximity. If for any reason your role isnt made redundant it'd be normal to have a bit of survivor guilt going on

[craigjm]

dhalv said:

Fair cop. Appreciate the advice guys.

As with these things it isn't great and this doesn't feel right, but obviously how it feels and what is correct interms of law can be two different things.

Working on my CV and will try and take this as a great opportunity to reassess and make good on what I really want to do.

Thanks and sleep tight!!

When were you last in the job market?
Many people put together very old fashioned CV's if they haven't done it for a while
Drop me a message and I will send you a template that pretty much gets everyone to the interview.

Join LinkedIn, join as many relevant groups and start interacting. You will be surprised how many jobs don't even hit the job market.

[mph1977]

craigjm said:

Terminator X said:

In my experience once you're "at risk" you're as good as gone. Don't take it too personal, push for the best deal you can and start looking for another job. Best case is you start a new job with redundancy cash in your back pocket.

TX.

I have seen many people put "at risk" who end up staying and often in better jobs. It doesn't always have to mean that you are as good as gone.

exactly , in a fair and none tttish restructure loads of people get put at risk - e.g. whole departments so as not to give those who the TPTB have decided will be departing either advanced notice or grounds for an ET claim ...

[rog007]

It's a really difficult situation that is made more difficult by the feeling of powerlessness. If you can see that and turn the whole episode in to an opportunity, then you'll be ahead of the crowd. As said above, keep good order (you may not end up leaving), sort your CV and ideas on trajectory (I can help with those) and work closely with your organisation to secure the best compensation and references if you do have to leave. Good luck!

[Terminator X]

craigjm said:

Terminator X said:

In my experience once you're "at risk" you're as good as gone. Don't take it too personal, push for the best deal you can and start looking for another job. Best case is you start a new job with redundancy cash in your back pocket.

TX.

I have seen many people put "at risk" who end up staying and often in better jobs. It doesn't always have to mean that you are as good as gone.

Never seen it myself in over 20 years in the workplace. How did they get off the list?

TX.

[edc]

Terminator X said:

craigjm said:

Terminator X said:

In my experience once you're "at risk" you're as good as gone. Don't take it too personal, push for the best deal you can and start looking for another job. Best case is you start a new job with redundancy cash in your back pocket.

TX.

I have seen many people put "at risk" who end up staying and often in better jobs. It doesn't always have to mean that you are as good as gone.

Never seen it myself in over 20 years in the workplace. How did they get off the list?

TX.

Sometimes the aim of redundancy is to cull the headcount not close down a department in its entireity.

[mph1977]

Terminator X said:

craigjm said:

Terminator X said:

In my experience once you're "at risk" you're as good as gone. Don't take it too personal, push for the best deal you can and start looking for another job. Best case is you start a new job with redundancy cash in your back pocket.

TX.

I have seen many people put "at risk" who end up staying and often in better jobs. It doesn't always have to mean that you are as good as gone.

Never seen it myself in over 20 years in the workplace. How did they get off the list?

TX.

I wonder if you understand the process of putting people at risk in a restructure.

If a team or the number of people at a certain grade is going to be reduced in size ALL the people in it are put 'at risk' - those who survive or are redeployed are 'off the list' because they were the people selected to stay after reducing the size of a team or they were people who filled vacancies elsewhere in the organisation...

[Fittster]

Terminator X said:

craigjm said:

Terminator X said:

In my experience once you're "at risk" you're as good as gone. Don't take it too personal, push for the best deal you can and start looking for another job. Best case is you start a new job with redundancy cash in your back pocket.

TX.

I have seen many people put "at risk" who end up staying and often in better jobs. It doesn't always have to mean that you are as good as gone.

Never seen it myself in over 20 years in the workplace. How did they get off the list?

TX.

In an organisation I worked a whole division were told they were at risk, this would be over 1000 people, in the end less than 100 people were made redundant.

[mph1977]

Fittster said:

In an organisation I worked a whole division were told they were at risk, this would be over 1000 people, in the end less than 100 people were made redundant.

see my reply above , i wonder if TX doesn't understand the process having never seen it as a manager or trade union person or been subject to one of the pools

[Terminator X]

Ok fair enough consider me "schooled"

TX.

[dhalv]

Thanks for the advice guys, I am taking this as an opportunity to really push on and up!! Alot of others are a bit pissed off about the whole thing, but I realise that you just need to get on and make the best of a bad situation.

Appreciate the offers for help you guys are legends!

[oldbanger]

As another poster has said, start getting yourself out there - linkedin, trade events, professional forums etc. It all helps.

I've been at risk and whilst I was kept on, it provided the impetus to take my career up a notch.