Redundancy Pay and Disabilities

A question about : Redundancy Pay and Disabilities

Hi,

I am facing the possibility of being made redundant in a couple of months time. (Madly trying to get my small business working but that's another issue). The thing is I am a disabled worker, and have given a decade to my employer, meaning if this happens to me I'll have approx 3 months wages before I'll need an income that will pay the bills. I've been looking for other jobs now for about 6 months and can't see anything suitable for my disability needs, I can't use public transport regularly or drive, and I am becoming sicker all the time (Chronic pain and fatigue). My current job suits my needs (it's hard but I get by). I don't want to stop working and rely on benefits, I want to work and I want financial security.

Anyway... My question is, can I make a case for an increased redundancy payment in light of my disability putting me at a severe disadvantage of employability? Anyone who takes me on is going to have to pay out for adjustments and accept that I will take regular sick days. I just don't think it's fair that older people get higher payouts (I'm 34), and the disabled don't. Would there be a case for disability discrimination if I were to request this and be refused? I might sound a bit money grabbing here, but I have devoted a third of my life to this company whilst battling through illness and I am genuinely concerned for my financial stability should I lose my job. I can see it taking up to a year to find myself something suitable. In reality that's why I'm trying to develop my small business. I don't make a profit at all from my small business, in fact its more of a tax registered hobby. Ok... well I'm off to read some business blogs and to try and make my own wealth from my duvet.

If you can offer any advice or guidance, or just support I would be so grateful

Best answers:

• You can make any argument that you want, but there is no legal cause for you to be given a higher payment because you are disabled and it is not discrimination to refuse. You have a right to be treated the same as other employees, not a right to be treated better.
• Thanks all.
  If I have the right to be treated the 'the same', then why are older employees rewarded at a higher rate? I know that's the law, but it really is very unfair. That is surely age discrimination? Rewarding older employees doesn't make sense to me, not when equality spans so widely.
  That's my point really, I got carried away in the detail and emotion of it in my first post.
  My post is gone, so the redundancy is genuine. I need to apply for the post replacing my post, and my concern is over not being selected, I fear that there lies the issue, I could easily be bumped out but my seniors and there's no position below my grade to fill.
  I applied for adjustments already via access to work (gov scheme) and my manager declined my assessment for fear of it costing too much in equipment. They want their own OH to do one first. I'm awaiting that now. My sick record is at dismissal level, due to them employing the Bradford Score system. I try to take a day or two off only when absolutely necessary, but coupled with a long term absence about 10 months ago, my score is into the thousands. I'm genuinely concerned that they will use this redundancy to bump me off the books.
  Part of me doesn't mind that, but I do worry about financial stability. My partner is a low earner and out rent is too high to be covered by housing benefit. My PIP application has now been in 26 weeks.
  My initial post probably reads self righteous, but it's just a reflection of me feeling pretty hard done by and stressed.
  I will ask for an increased payment of redundancy occurs. It does no harm in asking after all.
• I do understand that it's a statutory thing, and I will be raising this with my MP initially. I'm not blaming my employer, for that. But surely the statutory entitlement is a minimum entitlement and a company can influence it's own redundancy package? I would be asking for an additional payment in light of my individual needs. I suppose anybody with a reason to feel disadvantaged could do that, to make a case for themselves. I fully get that my request is unlikely to be upheld. The more I think about the age thing the more it winds me up, I'm definitely following that up.
• Surely there should be no higher rate for one particular group of people. It should be the same rate, that's what equality is all about right?
• Yes. But differently to an able bodied person of a different age? The equality act does include age.
• What a contradiction.
• I assume you've used THIS to calculate your statutary redundancy pay - some employers will enhance the redundancy pay and you sign a confidentiality agreement that ensures you don't approach them for unfair or constructive dismissal... You *could* argue that this is constructive dismissal as sickness absence is usually used to calculate who goes and who stays (I know as this was used on me when I was my post was made redundant).
  GOOD LUCK
• Thank you both for constructive responses. I'm really very aware of what equality means, and over constructive dismissal too.
  Redundancy is not dismissal, nethertheless, using sickness recording to make decisions when reasonable adjustments have not been made is an equality issue and could fall under the DDA, and not the constructive criteria.
  I don't want to be a special case, or treated any better than anyone else. I want a redundancy package that will assist me to access work in the future, with minimal impact on my health and wellbeing. I think we all deserve that. That's equality. The age thing is a contentious point for me, obviously, because I believe that an age does not identify someone as an individual and my equal as a colleague. Do I agree with the way pensions are handled... Well that's another debate.
  Id like to add that life isn't always fair, no it's not. But that doesn't mean that we should taken decisions made by the government and just accept them. That's why we have a vote, our say. I'm not one to roll over and accept things I can't agree with.
  This has been so interesting, thanks all for contributing x
• No. I feel my point has been misconstrued, probably by my misuse of language. It's not a tantrum at all. I know DDA doesn't exist anymore, I just wanted to abbreviate to keep my post short. Apologies.
  I didn't say the law would change. I feel disadvantaged compared to many other colleagues. I feel that many will be able to go out into the world and find employment far easier than I.
  Many, not all.
  Forgive me for feeling hard done by, but I do. It's a daily struggle to look after my own basic needs, let alone keep my job. Getting another job really seems impossible at the moment. I don't want to stop working, I love my job, I want to keep going for a long as I can. I know previous employees who have been sick and had higher payouts, so I know it's possibke for this to happen. Maybe because of my knowledge of this its put me in a frame of mind where I feel more entitled.
  I do feel I've been misread somewhat. I'm just trying to get by and plan for what to do in the worst case scenario. Some comments have been helpful and I am clearer on where I stand now, but over all I feel demoralised by this conversation. It feels like a bit of an attack. I'm writing this not just for me, but anybody going through what I am. I won't comment further, as I don't want to feed the negativity on this post. Thanks.