Redundancy Advice - Age Discrimination

eighteen88

i got told on monday that there will be 5 redundancies at ma work and that they will be using the unions recommendation of last in first out.

I am 3rd in line to go with 17yrs service, i have been told that i may have a case of age discrimination, i have more skills on the job, more flexiblity than others and better quality of work. Yet i am the guy for the chop does anyone know if i have a case here?

found this on the acas website =

According to the DTI, UK employers waste up to £700 million1 a year by making age-based assumptions about their staff - and failing to capitalise on their potential, abilities and experience as a result.

* There are some simple steps that companies can take to overcome age bias in the workplace:
* Recruitment advertisements - avoid specifying length of experience as this disadvantages certain age groups
* Application forms - ask for date of birth on equality monitoring forms only and use skills based forms
* Selection procedures - train managers to avoid stereotypes
* Training - make sure it is open to all employees
* Performance appraisal - set the same standards regardless of age
* Redundancy policy - review your policies: using length of service to select employees for redundancy is likely to be discriminatory
* Equality policy - add age to your current policy

gtrevor

Depending on the age of the other people to be made redundant, and the ages of the people staying on, it sounds as though you would have a good case.

Last In First Out (LIFO) has been strongly discouraged by tribunals, ACAS, solicitors etc etc since the age discrimination laws came in, and a company would generally find it hard to use this as a justifiable selection criteria on its own.

Companies should be using more objective methods of selection, e.g. absence, disciplinary history, skills matrix, appraisal history etc.

If you are a member of the trade union, get a meeting with the shop steward, or if possible the area official, and complain.

When you have your 1-2-1 consultation meeting with the company raise a complaint in that meeting. If they do not change the selection criteria, raise a formal grievance. If you end up getting made redundant on this selection criteria alone, appeal, and if that isn't successful sounds like you would have a strong case at a tribunal.

eighteen88

gtrevor wrote: »

Depending on the age of the other people to be made redundant, and the ages of the people staying on, it sounds as though you would have a good case.

Last In First Out (LIFO) has been strongly discouraged by tribunals, ACAS, solicitors etc etc since the age discrimination laws came in, and a company would generally find it hard to use this as a justifiable selection criteria on its own.

Companies should be using more objective methods of selection, e.g. absence, disciplinary history, skills matrix, appraisal history etc.

If you are a member of the trade union, get a meeting with the shop steward, or if possible the area official, and complain.

When you have your 1-2-1 consultation meeting with the company raise a complaint in that meeting. If they do not change the selection criteria, raise a formal grievance. If you end up getting made redundant on this selection criteria alone, appeal, and if that isn't successful sounds like you would have a strong case at a tribunal.

thanks for the advice, i am hoping to have my meeting tommorow (fri) which i will certainly be putting my point accross, i am a union member gmb but it is the who is wanting the LIFO so i suppose i am going against what they want?

CFC

You're going against what they want, just be prepared to take it to a tribunal under your own steam if necessary.

Funnily enough, the main reason that employers are advised not to use LIFO is because it may discriminate against younger employees who it is assumed will have less length of service.

eighteen88

CFC wrote: »

You're going against what they want, just be prepared to take it to a tribunal under your own steam if necessary.

Funnily enough, the main reason that employers are advised not to use LIFO is because it may discriminate against younger employees who it is assumed will have less length of service.

i am will to take this all they way, what i have got the lose!! surley as a paid union member they would still ahve to reprsent me?

also found this

http://www.direct.gov.uk/en/Employme...ob/DG_10029832
Employment Redundancy: selecting you for redundancy Your employer should use a fair and objective way of selecting people to make redundant. This means that it should be based on some evidence rather than your employer just deciding who they want rid of.
Methods of selection
If a method for deciding redundancies has been agreed with a trade union, your employer should follow it.

It is up to your employer which reasons they use, as long as they can show that they are fair. The most commonly used reasons are:

last in, first out (where the employees with the shortest length of service are selected first)
asking for volunteers (self-selection)
disciplinary records
staff appraisal markings, skills, qualifications and experience
Sometimes an employer may use a combination of criteria, perhaps using some kind of points system to get an overall score.

Your employer may select people by asking them to reapply for their own jobs. You should remember that this is still just a way for the employer to decide who to select for redundancy. If you decide not to apply (or are 'unsuccessful') you still have a job until your employer makes you redundant.

If you volunteer for redundancy, it is up to your employer whether they actually select you.
Unfair selection
If you feel that your employer has selected you unfairly you should appeal against the decision. Put your appeal in writing, explaining what you want the employer to do to put the situation right. The way in which you were selected will affect whether your redundancy is considered fair by an Employment Tribunal (Industrial Tribunal in Northern Ireland).

More on unfair dismissal It is definitely unfair if you're chosen for redundancy for discriminatory reasons. These can be direct (for example, because you're on maternity leave). These can also be indirect (for example, more women work part time so it may discriminate against women to choose part timers).

Other unfair reasons for choosing you for redundancy include:

membership or non-membership of a trade union
exercising your statutory rights (for example, asking for a written statement of employment particulars)
whistleblowing (that is, making disclosures about the employer's wrongdoing)
taking part in lawful industrial action lasting 12 weeks or less
taking action on health and safety grounds
doing jury service
trusteeship of a company pension scheme

gtrevor

They don't have to represent you - they generally use the rule of whether the case has got a 60% chance of success.. as long as they think that, they will back you in a tribunal case.

It would be worth you challenging the GMB as to why they have accepted this as a selection method, bearing in mind the potential discrimination that this allows?

CFC

No, it is not illegal to use LIFO. However it is unwise and could put the company at some risk of a discrimination claim.

annie_tanks

Gender and age discrimination still exists..believe you me..people are being got rid of in the most shocking of ways..direct replacement..no work given for employee,so being formally dismissed,and so no..good luck with your case.I think that you have a lot of bottle..

Westywoodpecker

Not wishing to start a new thread, as it's still regarding age....

My son worked for Audi as an apprentice for two years & was made redundant in Dec. He's been to the job centre & has been told he is not entitled to anything as he is under 18, & has a two parent family. If I was say a single parent he would be entitled to a small amount. Can this be right

JoeCrystal

The rules regarding a child is still different. As I recalled, your son need to be living away from home or prove that he will suffer severe hardship if he do not receive it... Since he is living at home with two parents, that do not count. Have he visit Connexions Centre yet? He may get some advices... He could register for work and training at his local Connexions Centre since he is under 18 and left school/college. I think it could help your son and it might be worth a visit if he have not done so.

I wish him all the good luck! *thumb up*

McGuiver

JoeCrystal wrote: »

The rules regarding a child is still different. As I recalled, your son need to be living away from home or prove that he will suffer severe hardship if he do not receive it... Since he is living at home with two parents, that do not count. Have he visit Connexions Centre yet? He may get some advices... He could register for work and training at his local Connexions Centre since he is under 18 and left school/college. I think it could help your son and it might be worth a visit if he have not done one so.

I wish him all the good luck! *thumb up*

Oh Dear Joecrystal, have you only got hand?

Just kidding!