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Appealing redundancy

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  • yellowrock
    yellowrock Posts: 100 Forumite
    Hi off thread a little

    but can anyone advise if there is a time limit that a company have to reply to an appeal lodged for redundancy?

    thanks
    YR
  • Pete111
    Pete111 Posts: 5,333 Forumite
    Mortgage-free Glee!
    There is usually a set timeline in company policy if they have one. I'm not aware of a statutory timeframe however. It may boil down to a) following company policy or b) the usual UK fallback of being within a 'reasonable' period

    How long are we talking about here?
    Go round the green binbags. Turn right at the mouldy George Elliot, forward, forward, and turn left....at the dead badger
  • yellowrock
    yellowrock Posts: 100 Forumite
    Pete111 wrote: »
    There is usually a set timeline in company policy if they have one. I'm not aware of a statutory timeframe however. It may boil down to a) following company policy or b) the usual UK fallback of being within a 'reasonable' period

    How long are we talking about here?
    Hi Pete111

    only a week ago, had to lodge an appeal for redundancy within 7 days of my notice of redundancy, sent it back within 48 hours recorded delivery. If I had to lodge appeal within 7 days do they have acknowledge within same time frame, thanks, all help/advice appreciated
  • koolcat
    koolcat Posts: 33 Forumite
    Part of the Furniture Combo Breaker
    Personally I think appealing is wasting time. Time to move on. Even if you did win, would you really WANT to get your job back knowing the circumstances.
  • Pete111
    Pete111 Posts: 5,333 Forumite
    Mortgage-free Glee!
    Appealing is not a waste of time if done for genuine reasons

    Even if the appeal should fail (which most do) you can use it to draw the companys attention to procedural or other errors which may encourage them to make your package rather better (via a compromise agreement) to get the whole thing to go away.

    Additionally if you are prepared to take the whole thing as far as tribunal you must go through the appeals process first otherwise you jeapordise your case

    If you are appealing out of spite however then yes, it is not the best use of anyones time.

    Companies will always try to put a timeframe on an appeal but bear in mind that any appeal submitted within a resonable timeframe shoudl be considered - eg, if I appealed within 10 days of being made redundant and the comapny refused to hear it I would be straight onto a lawyer - and the company would be in the proverbial.

    As regards the company getting back to you to confirm the appeal is this set out in a policy at all? If not you can draw their attention to any appeals timescales laid out in the disciplinary/greivance procedure - it can be argued the same appeals process should apply here as a default .
    Go round the green binbags. Turn right at the mouldy George Elliot, forward, forward, and turn left....at the dead badger
  • I wasn't really asking for people to judge me on whether I appeal or not, so thanks hoggums for making me feel like crap. I was asking if anyone had been through the appeals process and what the outcome was.
    I'm asking because I was better at the job than my colleague (without going into detail it is hard to quantify this and this thread would be long if I went into everything I did compared to my colleague). But a few examples, my colleague is not from the UK so when people explained jobs to her it took 2 or 3 times longer to explain so she understood, she was perfectly capable of doing the job but people automatically came to me and emailed me as it was easier. Also in the same vein, my colleague wouldn't answer the phone either as it is very difficult to understand someone when you can't see their expressions. I'm not sure my manager realised this as when I brought it up, apparently (another colleague told me) the following day they made her make a phone call which she wasn't at all happy about. Also I am more able in other computer software so was left to use 3D Studio Max and Photoshop for other projects that weren't specific to my role. My colleague who was kept on will be unable to fill this as she doesn't know the programmes.
    The reason I think that I was selected for redundancy was that my line manager and I have conflict, basically, he is a total dictator and thinks that his opinion is final and people should do what they are told. Whereas both my colleague and I disagreed with him on occasion, because of her language skills she couldn’t vocalise them, whereas I can. I would only put ideas on the table, and suggest another way to do something that would take less time and improve the way we do something. He didn’t like this so when it came round to him scoring me I’m sure this worked against me.
    Other people that I worked with were very surprised by the decision, and no this isn’t just my friends telling me this, across the whole company people I did work for questioned who they would go to now. So yes I was slightly surprised it was me although I knew if my line manager was involved it was likely to be me made redundant.
    On the one hand I feel relief to be away from this whole process and am not going into appealing lightly (I had to submit an appeal within 5 working days of being made redundant). I would 100% love to get another job and draw a line beneath this whole experience but in this current job climate how likely is this. How long would my savings last, to keep a roof above me and feed me?
    I do not want to make my colleague redundant however was it fair that I was made redundant originally should I prove that it was biased? This is why I want to know if they would pay a better redundancy, rather than reinstate me, so I can afford to spend time looking for a suitable job.
  • Well there you go all this advice and Misslondon has decided not to respond, make anyone wonder about her claims now?

    I was writing my essay!
  • Pete111
    Pete111 Posts: 5,333 Forumite
    Mortgage-free Glee!
    Seems like you may have resaonable reason to appeal. Bear in mind though, bosses are meant to tell you what to do - it's their job!

    I would focus on the selection itself - ie what process did they go through to decide your collegaue was better ? If she is as poor at her role in comparison to you as you imply then they are going to struggle to justify this.

    Good luck if you decide to go for it.
    Go round the green binbags. Turn right at the mouldy George Elliot, forward, forward, and turn left....at the dead badger
  • MissLondon wrote: »
    I was writing my essay!

    Understood, comment withdrawn.

    From what you say it does seem that it may be a personal issue and if that is so going back will only make it worse. Your apparent belief that you should be able to challenge your boss and and that people don't have to do as they are told may be the root of the problem.

    By all means appeal, the only caution I would offer is not to let the appeal take over your life and get in the way of finding a new job.

    Best of luck.
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