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Posted by Plank (U14923937) on Sunday, 3rd July 2011
This is my first time on a message board :-!
I have MS (for over a decade now). I declared my MS to HR department in Oct 2009.
I was off work for 13 weeks (nov 2010-Feb 2011) with a relapse and had a phased return. This is the first time in my 8 years with this organisation that I have been off with a relapse.
I still have some mobility issues and use a stick.
I have just been told that my post is at risk of redundancy because there's no money.
What do I need to double check?
What questions should I be asking?
Stuff like that.
Posted by devine63 (U14166755) on Sunday, 3rd July 2011
The Ouch message boards will be closing in the next few days, but do feel free to join us at either Ouch Too forum4.aimoo.com/Ouc...
"Out of Hours 2" which you can find with a search engine as the link is banned here
or the site called Broken of Britain thebrokenofbritain.o... .
To answer your question: I would suggest you contact the strongest Trade Union at your place of work and join if you are not already a member. Unions are usually pretty good at dealing with redundancy situations.
Ask to see the employer's redundancy policy and any equality impact assessment - you need to ensure that it is really your post which has been selected for redundancy.
Posted by DavidG (U2600889) on Wednesday, 6th July 2011
>> To answer your question: I would suggest you contact the strongest Trade Union at your place of work and join if you are not already a member. Unions are usually pretty good at dealing with redundancy situations. <<
However, make sure that you deal with a union rep who understands the ins and outs of equality law, which is not necessarily your on-site rep. At the very least insist that your on-site rep seeks the advice of a regional or national specialist.
Write down everything that is said, by who, when, and who witnessed it, and try to reconstruct everything that has been said in the past, particularly paperwork and emails (get a copy of any email to ensure you are able to access it even if you have been made redundant). Look for any evidence of the redundancy conditions being manipulated to ensure that you fall inside them, such as changes to your responsibilities and the like. If the redundancy conditions include any reference to sick days, or if you are subject to disciplinary procedures related to number of days of sick leave, insist that your disability related absences are not counted as such, the guidance from the EHRC is that disability related absence should be counted separately from sick leave and this guidance has the force of law in an employment tribunal. In the event of any problems, be prepared to raise a formal grievance for disability discrimination and be aware that if you need to escalate it to a Employment Tribunal then that has to happen within 3 months minus a day of the discrimination, so you do not have much time. Ensure your union rep is aware of this.
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