Redundancy

Denise__1998

I suffer with chronic back pain and there are redundancies in my work place.  The union have told me to take voluntary redundancy because the company will only get rid of me on capability and only pay me 13 weeks notice.  I feel like this is bad advice because the company didn’t offer me a reasonable adjustment for an injury that they caused and now I’m being told to take the redundancy money and go by my reps.  

Any advice.

Jimm_Alumni

Hi @Denise__1998, welcome to our community. I'm sorry you've been put in this situation, I've heard so many stories of possible workplace disability discrimination lately.

Have you spoken to ACAS at all? They're an independent advisory service for employers and employees. You can find methods of contacting them here Contact us | Acas.

The only thing I can think the union is considering is that a tribunal is not guaranteed to go in your favour. 
It also depends on a number of factors, such as if you've informed them of the issue, have you had an occupational health assessment and what adjustments were recommended and did the company consider them reasonable?

My partner just went through something very similar, so I know how much of an effect it can have on your mental health. Let us know if you need any further support and I can signpost you to some services and resources if you think it might help?

I would speak with ACAS first, as while I've asked all these questions I am far from an expert, and definitely not a lawyer.

Denise__1998

Thanks for for your reply.
I have been refused OH appointments by the company and given no support from the company at all even though it’s them who caused the injury.  I went through the grievance procedure which didn’t follow acas code of practice and came to an agreement to not drive the machine again that caused my injury.  This agreement wasn’t followed and I was told if I don’t drive this machine again I will lose my job, so I had to drive it and was injured again.  Again I wasn’t offered any support no welfare meetings whilst off sick and was put on capability and threatened with my job.  Now redundancies are here and I’m being told by my union that they will make me redundant.  My name is Tony my partner made this account for me trying to find any help she can find for me, thanks for replying.

Jimm_Alumni

Hi Tony, you've mentioned quite a few worrying things there. Has the union said anything about you being refused OH assessments?

Have you contacted ACAS to go through this with them? You mention that their grievance process did not follow ACAS guidelines, but have you spoken to ACAS yourself? They can often help arbitrate, they can also advise you on what the possible next steps are and possible outcomes.