Appeal against Redundancy

AverageJoe_4

OK - It matters not who you have with you during the appeal as the witness is there to witness the events and take accurate notes, the union rep is also extended to ensure that the process is being carried out correctly. Any incorrect proceedures can render the meeting in valid and therefore in your favour as they'll have to throw it out. The company witness should really be someone different from the other meetings and if not, you should lodge a complaint (grevience) and not go ahead with the meeting. The greviecen takes precident at this point and must be resolved before the appeal can then go ahead.

I do not see why a solicitor can or would be refused esp if there is no employee available (for example) and you do not have union representation.
Outside ppl can be used, a friend for example - maybe the soliciotr is a "friend" of yours..:?

How is it the redundacy being explained? Are they making YOU redundant or the position? It should be the position that you work gets redundant as employers cannot hand pick certain members of staff that they want to get rid off and some that they want to keep on - unless they offer vol.red hen its your choice whether to take it or not.

AJ

Lucias_mum

Yes, only after I asked for it tho !!! They e-mailed me a Compromise Agreement and hassled me to sign and return it as soon as possible. I wasn't happy with it and took it to a Solicitor who advised me to ask for three months extra pay for loss of office but when I referred this to my employer he totally ignored my correspondence and proceeded to a Consultation Meeting.

Lucias_mum

AJ - I agree - it should be the position being made redundant - but if it was the position then surely my immediate Conveyancing boss should be going too - I was employed to work for her - my colleague in the selection pool was not - the conveyancing in the office has totally dried up - I work for my Conveyancing boss as her Senior Secretary - my colleague does not - she didn't have any experience of conveyancing until I taught her - hence the reason why I can't understand why I am being dismissed and she is not.

*jo_jo*

You are fine - the three months begins as of your effective date of termination - the day you become redundant. Appeals are normally an appeal against dismissal so that's why I reminded you of the time limit. Getmore4less is correct.

If your employer is allowing you to appeal against the selection it would certainly make them look more reasonable at Tribunal, so consider any offers made very carefully, and try to get your solicitor to negotiate the compromise agreement. He/she should be able to assess the merits of your case based on what is happening.

Remember - you have no legal right to take anyone outside of rep or colleague to a meeting of disciplinary/grievance matters, so you would not be able to enforce that your solicitor be present. You can ask, but there would be nothing you could do if your employer refused.

What Averagejoe said about the position not the person being made redundant does apply. In your case the reason for the redundancy is a reduction in workforce.

Standard info -
This can arise where the employer reduces the workforce, as a whole or in specific areas, due to a downturn in business or to other need for rationalisation, eg technological advancement. The test is not whether the employer needs fewer employees but whether he needs fewer employees to do work of a particular kind and that this is attributable to the state of affairs of the business. The key point to remember is that in the first place it will be the job that is effectively redundant and not the employee. Once it has been decided that a job is redundant, the question is what should happen to the employee(s) that hold(s) that job.

I am not going to be around to review this in the next few weeks but will try to review it on my return - best of luck!

Lucias_mum

Thank you Jo Jo for all your help - I do appreciate it. Its just all so complicated and stressful :mad:

*jo_jo*

I appreciate it is - I do about 10 enquiries per day with clients and employment law issues are incredibly upsetting as they involve your livelihood. We spend most of our lives at work after all! _pale_

Just try to remain focused and if you do not get the required outcome you may have the potential for legal action at the Tribunal, because you can make a claim of unfair dismissal as long as you have been employed for one year. Hopefully the fellow MSE'rs will assist you as they have been great so far, but if you need one off advice outside of your solicitor contact one of the organisations I suggested earlier in the post.