TSSA December 2009/January 2010

A. So much for loyalty. It just proves that his jolly persona is only for show. You’ve worked in his transport department since 1939, you’ve put up with all that abuse from your colleagues, you saved his whole business last year, and he gets rid of you as soon as you can be replaced by technology. You are an employee, and you easily meet the service criteria to have employment rights (one year) and redundancy pay (two years), so let’s look at your options.

You were promoted to your current position, not just seconded, so that was an agreed permanent change to your contract. The job is now being done by a SatNav, so are you genuinely redundant? The work you do is going so we would say yes, you are. The next move is up to your employer. As there are fewer than 20 redundancies he doesn’t have to consult with the union, but he does have to use a fair selection procedure, which can take into account your sickness and disciplinary record, but shouldn’t include seniority or length of service as that could fall foul of the law on age discrimination.

As yours is the only job to go, and only you did it, I would say he can probably show that you were fairly selected. He is now required to ‘consider’ offering suitable alternative work, if it is available. If you are offered suitable work and turn it down you will lose any right to redundancy pay. Although the job he offered you is similar, at the same location (worldwide) and the same hours (24 a year, all in one night), there is a considerable loss of status, as you no longer guide the sleigh but you’ll be back working in the team you once led, and for that reason you are entitled to refuse it and claim your redundancy.

Your statutory redundancy pay would be one week per year employed, up to a maximum of 20 years, capped at £380 (or hay equivalent) per week, plus half a week per year over the age of 40. So the most you would get is £11,400, plus your statutory notice pay of one week’s pay for every year up to a maximum of 12 weeks (unless your contract gives you more) plus any outstanding leave. Of course, as you are over 65 he could just give you a minimum of six months notice and force you to retire – but that’s another story.

Your team mates advised going for constructive unfair dismissal. We never (or very rarely) would. You have to resign (with or without notice) before you can bring a claim, so you’re without a job and with very little leverage. For constructive dismissal you have to show that the employer’s behaviour was so bad that it was ‘calculated or likely to destroy or seriously damage the relationship’, and along with it the implied trust and confidence. This sets the bar very high and believe me, very few cases win at tribunal. You’d be better off hiding his batteries. And I suspect it will take him so long to program his SatNav, he’ll still be delivering this year’s presents next Christmas. Ho Ho Ho.

Happy Christmas from all at TSSA helpdesk!