made redundant, any point in appealing it?

kiddy_guy

hassony77 wrote: »

I had my appeal meeting today, I thought I put a good case forward, I kinda felt they were a bit uncomfortable, which is surely a good sign!

basically they admitted that they did approach the other manager before I was told about the redundancy, to "test the water", when I asked them why were change made to the QA procedure straight away, even before my consultation meeting, they said that business had to continue (but they weren't really convincing in their answer), and they said that they considered my position and his position and they decided that he would be more suitable to stay, but when i asked about a matrix or a comparison of some sort, HR told me that they didn't have one.

as expected, the appeal failed, and the decision is final, so i am pondering now what to do next

Surely a case for unfair dismissal?

hassony77

I will talk to one of these "no win no fee" firms tomorrow to check if I have a case

savingholmes

It sounds to me like you have a case - Pete's advice is good - in your position I would follow it...

hassony77

orangutangy wrote: »

what have they offered you? any compromise? - if you feel you have grounds for more then talk to ACAS who launched a pre-ET service (for free) where they will try and resolve disputes prior to you bringing an ET, the employer has to agree to use the service though but it would be sily of them not too as they would have to do this conciliation if you raised an ET anyway, you may get somewhere this way, good luck

might give them a ring tomorrow as well

thanks

Pete111

Oh dear they aren't very bright - they have basically admitted running a flawed consultation/selection process - Doh!

I'm surprised they did not follow up your appeal with a without predjudice offer to make this go away but since they have not then you are following the correct path in taking legal advice.

I will take a punt and say (given all of the info you have posted and assuming it is accurate etc) that the first lawyers letter will see them scurrying for their chequebook... please let us know how it goes and good luck!

Debt_Free_Chick

hassony77 wrote: »

I will talk to one of these "no win no fee" firms tomorrow to check if I have a case

Might be worth a call to ACAS first.

The key point for you is the absence of any objective selection criteria - backed up by the fact that they spoke to Test Engineer about taking on your role without even placing him at risk!

I too think you have a reasonably good case for unfair dismissal.

How long did you work for them?

What components went into your redundancy payment?

dwsjarcmcd

Don't claim to be an expert, but as OP worked for her employer for 18 months, can she claim for unfair dismissal?

David

Debt_Free_Chick

dwsjarcmcd wrote: »

Don't claim to be an expert, but as OP worked for her employer for 18 months, can she claim for unfair dismissal?

David

Yes - kicks in after 12 months

chris_n_tj

Can you answer a question for me please pete.Last Wednesaday my husband was notified that he was being made redundant, the letter said there would be a meeting on Thursday morning(next day) stating he could take a union rep or work mate into the meeting with him. As the letter wasnt given him until 5 mins before close of shift he didnt have a hope of this. Anyway not even 24 hrs later hubby was given notice along with 4 others. He works for a small company and has been there 10 yrs.
PS we dont even knwo where to start hubby has never been unemplyed, he is 50 so any help gratfully recieved thanks

Many thanks Chris

Storm

Hassony - it sounds to me like they've selected you on the basis of cost - you've been there for 18 months (therefore no redundancy payout) and the other guy you said has been there for a long time (therefore £££ to make him redundant)

I'm no expert, but this does not seem fair to me, but they could perhaps argue that they're working on a 'last-in, first-out' basis

Good luck