Unfair selection for redundancy

[mayblobs]

I am currently a full time employee with a national firm of estate agents. The office is made up of 2 part-time staff (job share) one of which works Monday and Tuesday 9.00 - 5.50 and Wednesday 9.00 - 12.00. The other part time staff member works Wednesday - Friday 9.00 - 5.30. I work full time 9.00 - 5.30. We have one full admin support worker who is also full time and the residential director who is full time. In December last year 2007 l received a written warning because l had a go at 2 of my colleagues in the office, because my car broke down and from 10.45 in the morning until 3.45 in the afternoon no one from my office rang to check my where abouts and if l was safe. I did ring into the office to infom them of my break down. I said to the residential director that this was a health and safetly issue and he disagreed and l got a warning for my attuide.

In the office the residential director and myself are the fee earners, ie we negotiate on deals and do marketing appraisals and get propeties on our books, and although l am new to this profession, having spent 17 years running my own company l am quite success in my fee earning role.

Yesterday l was informed after 5.30 in the evening that my job was up for review, as there are going to be reduntancy and they need to loss one full time member of staff in the residential department. The Monday to Wednesday part-time member of staff has already handed in her notice in January due to retirement. Which only leave the other part time staff member of which she makes up the second half of that full time job, l have been informed that she will be given extra hours to cover my redundancy, not quite to full time but very close. How do l stand in this situation and have l grounds to unfair selection on their choice of staff to go, my residential director in December did make it clear to me that he no longer wanted me in the office. Hopefully you can help with my question.

[factor-fiction]

I'm sorry about your situation but i doubt you would get anywhere. This would be seen as simple cost saving restructuring. The part time employee taking on extra hours could be seen as partly making up for the part timer who is retiring, but even it were to cover some of your work the company can restructure roles in whatever way it sees fit. However if you have a union there needs to be consultation period.
If you are new to your role with less than a year in the company I undertsand your irghts are not good and they can dismiss you anyway.

[meglet]

I can seen any grounds on which it could be perceived that the decision to select you is unfair? Especially as you are already on a written warning?

Frankly its not very professional to "have a go", as you put it, at your colleagues and this has led to them questioning your attitude. You don't say which members of staff it was but if it was the admin staff they no doubt have been there far longer than you and didn't appreciate it.

Its clear they don't think you fit in so if I were you I would go and look elsewhere for a job now so you can leave on good terms and with a reference. Future employers do not look kindly on someone who has taken a previous employees to a tribunal.

[Twenty20]

Personally, I'd get out before they get rid of you, it will look better on your cv.

Like the other people answering, I don't see why the company should be trying to contact you because your car broke down, its really down to you. It sounds like you were out of order 'having a go at people' because of this and an apology might be in order - nothing legal here, just politeness.

If youve been with the company less than 12 months they dont need a reason to dismiss you (they dont even need to make you redundant) so long as they are not discriminatory, which doesnt sound likely from what youve said.

[thugulike]

You can make a claim to Tribunal after 1 years service and you could claim for unfair selection for redundancy. Have a look at the Acas website and make sure you ask advice from people who know the right answers