Redundancy appeal decision time frame?

pennyaximillian

Found this site through Google, looks like excellent advice being given out!

My Dad was made redundant at the end of January. Come Monday it will be a full month since his redundancy appeal and he still has not heard the decision on whether his appeal was successful or not. The employer has come forward with a compromise agreement as there are issues that could lead to an employment tribunal for unfair dismissal as well as unlawful deduction of wages. So far the compromise agreement just covers the unlawful deduction of wages and the employer has not mentioned the appeal.

My question is: how long does a company have to decide on the outcome of an appeal? Does a compromise agreement replace the decision (as I think it's pretty clear he ain't getting his job back (!) but I'm sure that, regardless of the obvious, he needs to have a decision!).

Does a refusal to give a decision on the appeal constitute further grounds for unfair dismissal? I've looked on ACAS and various other sites but found no advice on this specifically. Any advice greatly received - this whole thing has been going on for so long and has caused so much stress [as I'm sure is common on this board full of people who've been made redundant ]

therealdessie

Don't quote me as I can't remember where I saw it, but I'm pretty sure the limit is 28 days to respond.

Cherry1

Hi,
You might want to tell your dad to go to his local Citizens Advice Bureau as they can put him in touch with a solicitor. My partner is in process of doing this.
Good luck.

Burny_Sweetwater_Glasgow

Hi Penny,
I do not think there are any set times scales just a 'reasonable period'. I would think a month would be just about reasonable although I cannot think why they would need a whole month.

'The employer has come forward with a compromise agreement as there are issues that could lead to an employment tribunal for unfair dismissal as well as unlawful deduction of wages. So far the compromise agreement just covers the unlawful deduction of wages and the employer has not mentioned the appeal.'

This is a little confusing as you say that a compromise agreement has been sent due to there being issues that could lead to a tribunal. Is that just you saying this or does the agreement make any reference to this? Probably not I would have thought. The issue re 'unlawful deduction of wages' is a reasonably clear area to understand ' any deductions that are not specifically mentioned in your dads contract of employment will be unlawful i.e. deduction of over paid holidays on termination of employment.

Although this can be taken to a tribunal generally this is settled without recourse to a compromise agreement as the offence would be quite clear and they would just pay up once a person queried the legality of their actions.

I would recommend that your dad does not sign any such agreement without further advice, and there are many on this site who would help but we would need more detail as to what the letter says and a background of why you think that he has a case that could be unfair dismissal.
Nothing ventured, nothing gained. Give it a try and see what response you get.

Debt_Free_Chick

If he's received a compromise agreement, he has to consult a solicitor about it. The settlement should include an amount of money towards the cost of legal fees.

His best bet is to see a solicitor as soon as possible. There may be room to negotiate a higher settlement, here.