Successful internal appeal against redundancy - what next?

harveyelliott

I was made redundant earlier this year following a staffing restructure. I worked for my company for almost 13 years, and was full-time for approx. half of that time. After the birth of my second child, I requested to reduce my hours from 37 to 22.5 hours per week. Following the staffing review, my part-time post was made full-time, upgraded and i was told I had to re-apply for the 'new' post, which I argued was similar to the 'old' post in most aspects. I applied for this new post and the job was awarded to an external candidate with no previous experience of the industry my company operates within. I presented my case against unfair dismissal and unfair redundancy to an internal panel, who have yesterday awarded in my favour and have admitted that they did not follow correct procedures and that it was through their own failings that I was made redundant.

Can anyone explain what this now means for me in terms of what i could achieve as best possible long-term outcome? I would not want to be reinstated and continue to work for the manager whose support was not forthcoming and through which I ended up being made redundant? On the other hand, i am now out of a job at the admittance of the failings of my employer?

sandraroffey

good grounds for suing them i would have thought.perhaps you should get to see a solicitor who specialises in this?? the company would have to pay the legal fees for you, they have already admitted their fault so you have a every good chance of getting something. not sure about the job though. maybe you will have to start back there, then resign?? i am sure someone who knows more than me will be along soon!! and well done!!!!!

dmg24

sandraroffey wrote: »

good grounds for suing them i would have thought.perhaps you should get to see a solicitor who specialises in this?? the company would have to pay the legal fees for you, they have already admitted their fault so you have a every good chance of getting something. not sure about the job though. maybe you will have to start back there, then resign?? i am sure someone who knows more than me will be along soon!! and well done!!!!!

Really bad advice, not a word of it is correct.

harveyelliott, have HR been in touch to advise what they intend to do to resolve the situation? You now need to work with the company, to come to a mutually amicable solution. Without knowing the specifics of the company, my feeling is that most would go towards a compromise agreement (where you may not get a great amount, if you have already had your redundancy payout), or possibly offering you an alternative position within the company (if it is large enough to do that). Before you go into negotiations, you need to be certain what you want.

Liz_the_Whizz

dmg24 is spot on.

IMHO, you wouldn't stand much chance at an Employment Tribunal as the internal appeal process has worked as it is supposed to and made good the earlier procedural failings.

Follow up dmg24 excellent suggestions - speak to HR re: your concerns and your options, then decide what is best for you.

Good luck.

prudence41

Good advice from dmg24. The key is to press the company to offer you a remedy whilst you decide what is going to compensate you in the short term and hopefully make you happy in the long term.

If it helps your decision making, the options they could offer are to re-instate you with continuous service; re-employ you on new terms/conditions; or make a compensation payment. In the current climate you need to decide how difficult it will be to obtain a new part time role. If you think it will be easy or you really don't want to go back, take the compensation and run (in a manner of speaking). If this is the case, do make the company pay well for the relatively easy option of not giving you your job back or going to an Employment Tribunal. After all, you will be giving up 13 years' service, job security etc etc.

As you were successful in winning the internal hearing, I'm sure you will argue your case well whatever you choose to do. Good luck harveyelliot.

harveyelliott

I wouldn't want to work for my previous boss in any way whatsoever. However I was on a good salary and was able to work until 3pm each day to pick my children up from school, a similar job with similar money will be really hard to find locally.

Just need to know what my options would be at this point I guess. Does anyone know if I have access to any free legal advice from a solicitor? (Have exhausted any useful info available from ACAS or Citizens Advice Bureau at this point)?

Liz_the_Whizz

harveyelliott,

Are you a union member? If so, you can often get free access to a employment lawyer that way.

Otherwise, if you are intent on pursuing legal recourse, you should be able to find a lawyer who will give you a free initial consultation, or even take it forward on a "no win, no fee" basis if they think it worth their while. Just make sure you establish exactly what terms you are dealing with them on.

harveyelliott

No, I am not a member of a trade union, so can't avail of that service. Would just like to be able to speak to a qualified lawyer/solicitor to get some advice on best options. Have now exhausted any help I can get from ACAS or the CAB....

dawnybabes

Have you got legal cover on your house insurance

harveyelliott

No, no cover on house insurance either, have already checked that option out...

CFC

DMG's and Liz's advice is sound. The process has worked as it is supposed to do. You need to decide what you would like and then speak to HR. Just think realistically about what you would like, especially as you say it may be hard to get another job that pays so well. You may be better off swallowing your pride and saying that yes please, you would like to continue working for them.