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Cynic

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He's never claimed that he can do the role he's in or that he was qualified to do it, and I don't see how any of that is relevant to being made redundant or a compromise agreement if offered.

Did you actually read the OP?

If he never said he was qualified or capable of doing the job and they pressured him into doing something he wasn't capable of it must strengthen his case.

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I might cost up some training again and put it to them explaining why I need it and see what they say. Rock the boat too much though and they make snap decisions (ie get rid of me) and worry about the consequences after. They don't take keenly to people saying they need extra training to a job they are already doing, as unreasonable as that may seem.

Sounds pretty grim then Cynic. If you think they're going to get rid of you, then if you ask for more training and they refuse/sack you, then if you ever had to go to tribunal it may look good in your favour that you tried. Also, it sounds better to a potential employer - looks like you a proactive about your career, and that you are willing to learn.

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They do that a lot and get away with it, I think they get the people who leave to sign an agreement not to sue in exchange for a bigger redundancy package. It doesn't sound very legal and if it happened to me I would be very reluctant to sign anything like that unless it was in exchange for a much much bigger pay off than I would be entitled to.

 

this will be a compromise agreement - if they try to get you to sign one you may want to seek legal advice ( tip- if you have insurance check it becasue you may find that through that you may have a specialist support helpline for legal issues)

 

SORRY Cyclone and others - just read your excellant advice which i am adding nothing to!!

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If a compromise agreement was amicable and as clear cut as you suggest (ie nothing to possibly sue about/go to tribunal over because there is no dismissal) then there'd be no need for any clause about waiving the right to a civil action or tribunal...

 

Agree with what Cyclone is saying here.

.. if they do try and put a clause in then maybe seek advcie.

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However if they make you redundant then bring someone else in to do the same job, you will be able to sue (and almost certainly win) for wrongful dismissal.

 

So how as our boss just got away with it ? ……………. I will tell you ……… change the job title and make small changes to the job description ………… hey – presto its a new job.

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