Constructive Dismissal/Voluntary severance

[Claire123]

Hi everyone
Anyone got any advice on this one, long story am afraid!
My employers (NHS) are having a restructure (losing 26 posts). All staff at risk had to be interviewed for a post not necessarily the one they'd been doing. I had a miscarriage in june and was off sick 3 weeks, on my return (still in an emotional state) i was asked to go for interview the following week. my employers were well aware of the reason i'd been off sick, was documented on my sicknote to HR etc. arriving to the interview in tears i obviously underperformed and have now been put on the at risk register and have to find a job within 3 months in the hospital.
I have expressed my concerns re the unfair way this was handled but have yet to receive a reply (1 month later!) the firm are offering voluntary severance which i have applied for as i really don't want to work for a firm thats so unfair (people on maternity leave were given a job without being interviewed).

Can I take voluntary severance and then take them to a tribunal for constructive dismissal?

Thanks
Claire123

[bednobs]

i dont see this as constructive dismissal. The interviws unfortunately co-incided with your terrible personal time but you can't expect them to delay an interviewing process for over 20 people just for you i'm afraid. I also wonder if you would find it difficult to say that you underperformance was the reason you were put on the at risk register? It could be because you dont work as well as the others or because you wernt suitable for the jobs they had left. � months is a lot of notice to find another job, so it seems to me like they are being fair as can be .... After all you could apply for other jobs now and perform wonderfully at interview and get it : they are giving you a lot of notice and every opportunity to find another job.
I am not a lawyer nor do i know much about employment law s you are perfectly free to ignore my post if wanted.

PS an employer such as the nhs will have it all sewn up in the redeployment/redundancy area to make it watertight that people cant take them to tribunals. Even if you did take them to a tribunal, would you want your job back?

[cakelady]

Even if you are correct about your emotional state affecting your ability to compete fairly, you would have a hard time proving your employer hadn't done all possible to re-deploy you.
In relation to the people on maternity leave...they come under different rules in these circumstances. They have an advantage (to protect against discriminating against women when pregnant) in that when they go on maternity leave and their jobs are filled in the interim, or if management changes occur whilst they are away, they must be able to return to a post that is equal in status and salary to the one they left temporarily, or they certainly COULD sue for constructive or dismissal.
Talk to your union or consult an employment lawyer to obtain an impartial view on the deal being offered and the circumstances. If nothing else it will reassure you that you're getting the best offer that could be won.
It won't alter your perception of how you're being treated after years of faithful service (a personal and emotional reaction) but will help you understand the cold business approach.
Been through it, and found there's life after the pain.
Good luck

[factor-fiction]

It's likely that the NHS's voluntary severance will be on terms more favourable than the measley statutory redundancy terms, If so the employer will almost certainly make it part of a confidentiality agreement in which you'll be asked to sign away your rights to unfair dismissal claims. So you'd have to weigh up how much voluntary severance you'd get against the possible payout from a tribunal and your small chances of winning such a claim.
You can always try your union or grievance pocedure.

[thugulike]

I would send another copy of your letter and mark it a formal grievance. You need to have a look at your grievance policy and see how long they have to respond. It would be difficult to complain of constructive dismissal if you take voluntary severance as constructive dismissal occurs when there is a fundadmental breach of your contract, i.e. a breakdown in trust and confidence. Have a look at the ACAS website or speak to CAB for advice. Be careful of doing anything which may prejudice your rights.