Appeal against Redundancy

Lucias_mum

I am in the process of arranging my redundancy appeal with my employers. I would have liked my solicitor to have sat in with me on this appeal but on informing my employers that I intended to have her present they sent me an e-mail stating that only a work colleague or a Union Representative is allowed to be there. Is this correct?

SJ_Jones

Unfortunately, yes it is.

Lucias_mum

Thanks. Does anyone know the reason why?

Joannef_2

I had an appeal meeting recently and was told I could take a colleague in with me but I didn't think was a good idea as I had been made redundant a couple of weeks earlier and I thought it would be awkward for whoever I asked to come in with me.

I was told I could alternatively have a union rep (I worked for a small solicitors firm so we had no union) or a legal representative.

From the experience of my appeal meeting, I would really recommend taking someone with you even if you are not allowed the person you would prefer to go with you.

Lucias_mum

I just think its wrong that you are not allowed your solicitor in with you to help you with your legal rights when its something so important as an appeal against losing your job. Whats the difference between a Union Representative and a solicitor?

honeypop

When we dealt with redundancy appeals at work, the advice was that only a colleague or union rep could attend with you, no-one with a proper legal position, ie solicitor. The person you take with you can't answer questions on your behalf, only state exactly the same case as you would do yourself anyway, they cannot speak for you - so not sure a solicitor would be of extra benefit anyway.

missymugwump

Are you entitled to record the meeting ?
If you tell them you are recording it

Debt_Free_Chick

The appeal process is meant to be a way of dealing with the dispute without either party resorting to legal intervention - hence, no legal representation on either side. Rather like a second opinion, as the employer is meant to re-examine their initial decision.

Is there a legal point that needs to be addressed?

Lucias_mum

Thanks everyone for your replies.

DFC - I work for a firm of Solicitors - the partner holding my appeal is a Solicitor. This makes me feel intimidated but I take your point on what you say. This explains it a bit better. Thanks.

Debt_Free_Chick

Lucias_mum wrote: »

Thanks everyone for your replies.

DFC - I work for a firm of Solicitors - the partner holding my appeal is a Solicitor. This makes me feel intimidated but I take your point on what you say. This explains it a bit better. Thanks.

Oh! That's an unusual situation and one I think the Appeal regulations didn't foresee - I can see your unease at this.

Since I posted, I've seen your previous thread about the selection, other offer etc (I posted replies but hadn't linked them with this thread - apologies).

To be honest, I doubt the appeal is going to be successful, unless you really can "destroy" the criteria on which you are successful. However, if you wanted to pursue this to Tribunal, then you are in a very weak position if you haven't gone through the Appeal process first. The Courts (including the Employment Tribunal) expect both parties to have made every attempt to resolve the dispute first.

Have you posted about the grounds you intend to use for your appeal? If not and if you'd like to "road-test" them first, then do post. Some of us work in HR and can give them an arms-length view.

It's a horrid situation, but you really must not take it personally. A terrible cliche, but it's true. If you take it personally you are in danger of undermining your own self-confidence/esteem. You know that you do a good job so please don't forget that. The vast majority of employers hate doing this as much as those who are made redundant. I hope they're offering you a decent deal!

Best wishes

Lucias_mum

Thank you for your reply. Brief scenario:-

There are two people in the selection pool -myself aged 42 and 11 years service, my colleague aged 62 and 19 years service.

I was employed as a Legal Secretary for a Conveyancing executive and have been for the past 11 years. My colleague was employed as a litigation secretary working for a Litigation fee earner. After I had been working there for about five years this same colleague was transferred onto conveyancing and as she knew nothing about conveyancing I trained her to do the job she is currently doing. She has a history of bullying former staff and her laziness in work has led to many complaints, including by myself, which my employers seem reluctant to investigate.

Anyhow, back in February of this year the senior partner said that due to lack of work one of us had to go. He brought me into the office and offered me a package of £6,000 consisting of £3,000 redundancy pay and £3,000 pay in lieu of notice. He said that my colleague would find it more difficult to get employment because of her age and he would like me to take voluntary redundancy. I straight away went to see a solicitor specialising in employment law who advised me to fight it or ask for more money. I indicated if he paid me three months salary extra on top of the £6,000 already offered I would go. He refused to do this and then arranged a Consultation Meeting for myself and my colleague, seeing each separately. The Consultation Meeting went ahead. I was picked to go and he e-mailed me to tell me this - however he has not given me any answers to my questions on why or how he has picked me - no details of the points system, etc although I have repeatedly asked for this information. I asked for an appeal to be heard and this has since been postponed twice by my employers.

In my opinion this is all unfair - this was originally my job and now I have been passed over for my colleague who knew nothing about conveyancing until I taught her. Her and I do exactly the same job - there is no difference.

Sorry this is such a long post - can anyone help me with my appeal as I have no idea what I am saying - hence my request for my Solicitor to be present which they have refused.

Thank you.