Redundancy after 15 years, strategy
Discussion
matrignano said:
Just want to sense check my strategy here.
Been employed 15 years at an international firm, think the more aggressive kind.
I have not progressed for the last 8 (I am one level below the "top"), with various excuses but mainly stemming from the the team's senior management's unwritten policy that all senior roles must be hired laterally and cannot come from internal promotions within the team.
These last few years I have developed depression and severe anxiety from being constantly told no to any offer to take on extra work or responsibility. I have disclosed my condition to work one year ago.
Some workplace adjustments recommended by OH were implemented but not consistently honoured. Sick leave has been refused to me with alternative arrangements proposed, which never materialised. I have been asked to conduct various work related tasks during my sick leave which I eventually managed to take.
Given the above failures to accommodate my needs, I asked the firm if any sort of voluntary exit would be contemplated and I was offered the bare minimum standard settlement offer.
I have filed a HR grievance in the meantime and lodged a complaint with ACAS which reserves my right to submit a claim against my firm somewhere down the line. The HR grievance process is due to start next week with ACAS filing due latest next month.
The settlement offer has not improved despite my grievance and threat of tribunal claim.
Is there something else I could do at this stage other than wait for the HR grievance investigation to be over and see what conclusions are made there from my firm, before I eventually file a tribunal claim?
My immediate thought is - It’s not a redundancy situation or a situation requiring a settlement agreement at all so why should they pay you out?Been employed 15 years at an international firm, think the more aggressive kind.
I have not progressed for the last 8 (I am one level below the "top"), with various excuses but mainly stemming from the the team's senior management's unwritten policy that all senior roles must be hired laterally and cannot come from internal promotions within the team.
These last few years I have developed depression and severe anxiety from being constantly told no to any offer to take on extra work or responsibility. I have disclosed my condition to work one year ago.
Some workplace adjustments recommended by OH were implemented but not consistently honoured. Sick leave has been refused to me with alternative arrangements proposed, which never materialised. I have been asked to conduct various work related tasks during my sick leave which I eventually managed to take.
Given the above failures to accommodate my needs, I asked the firm if any sort of voluntary exit would be contemplated and I was offered the bare minimum standard settlement offer.
I have filed a HR grievance in the meantime and lodged a complaint with ACAS which reserves my right to submit a claim against my firm somewhere down the line. The HR grievance process is due to start next week with ACAS filing due latest next month.
The settlement offer has not improved despite my grievance and threat of tribunal claim.
Is there something else I could do at this stage other than wait for the HR grievance investigation to be over and see what conclusions are made there from my firm, before I eventually file a tribunal claim?
Because of this, I’m not sure that the company has any logical reason to pay you anything over and above the notice period if it is you that wants out. They generally pay when it’s them that wants to get rid of you but that’s not what is happening here?
Instead it seems like you want to create an impression of some kind of constructive dismissal based on your perception of the promotion policy which may or may not be correct. Companies can’t just pay out everyone who feels they should have been promoted.
I know it sounds harsh but why can’t you just hand in your notice or accept what they’ve offered ? Isn’t this what anyone else would do if they felt overlooked in their current job and wanted out. Especially if it is damaging your mental health.
If you want the next level up role, then one view would be just go get it elsewhere. If you get one then great.
Have you spoken to an employment lawyer. I’ve spoken to a few over the years and the general advice always appears to be to avoid going down the tribunal route if at all possible as you are unlikely to get much more money out of them even if you win and it will take years of emotional stress just to “win”. You are far better off just forgetting about it and finding a new role at a place that you are happier at.
Bluntly if not being promoted has provoked anxiety and depression, then the were entirely correct in not promoting you. Sound a bit cruel I know, but either you are 'up to the stresses and strains' or you are not. Your posting suggest either you are not, or you are not thought to be a good fit in the company. Both are very legitimate reasons for not prompting - unless perhaps you work in local government!.
If you feel blocked then resigning and moving on is the correct strategy, anything else is pretty contrived and unlikely to succeed. No company 'owes' you promotion.
If you feel blocked then resigning and moving on is the correct strategy, anything else is pretty contrived and unlikely to succeed. No company 'owes' you promotion.
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