Redundancy Advice Please!

sockpuppet

I have worked for my employer for 17months on a part time contract. The company recently merged with another (both ceased and combined to form a third - new company). Everything continued as normal and I was promoted.
Then two weeks ago after a hospital appt for my 3yr old daughter I informed my boss that she would need a small operation and i would need to take a couple of weeks parental leave, but would give them 3-4wks notice before. They said they were fine with this but the next day i was called aside as i was leaving at the end of the day and told that both the part time jobs were being made redundant (no mention of this before) and that they wanted a single full time member of staff instead. (myself and the other part timer do full time on a job share basis) And that i could apply for my own job on a full time basis - which they know i can't do - or be given a months notice.
Nothing more was said until the following week, when i asked the director what was happening, and was just told 'nothing had changed'.
Then I heard nothing more until i recieved a letter by recorded delivery today with one months notice backdated to the 15th.
I just wondered a) can they just send me a letter bakdated to a couple of days previous? an b)whats the best way to phrase an appeal letter?
Theres been no consultation or anything and they havent even put on the letter that i can appeal, though i know i have the right to.
Any advice gratefully recieved!

LittleVoice

Have you got the envelope with a postmark or franking on it? That would be an indication of when you received the notice (eg one day later than the postmark). Your notice period should run from the date you were informed.

I don't really think the letter was necessarily back-dated, as that would mean it was produced at a time later than it was dated. A letter produced and signed on 15 October may well miss the post until 16 October and be delivered on 17 October.

Does your job-share partner have a similar length of service to your own? Is it formally a job-share or simply two part-timers doing work which could be done by one full-time person?

sockpuppet

Hi, yes i have kept the envelope. I was just thinking that if I didnt recieve it until the 17th (and i hadnt been informed verbally) That notice would run from the next working day - which would be the 19th, but i wasnt really sure?
The other part-timer will have twelve months service by the end of her notice period as she started on 11 November last year.
I started initially to cover three days per week and she was then employed to cover the other two days so we combined to equal a full timer over five days. we were told that was how he wanted it as part time workers are more flexible and able to cover each other for holidays,sickness etc. But he is now saying that the other (new) director, not him, doesnt like part time staff as they have other commitments outside of work and only wants full time staff as they are less likely to. Thanks for your reply

jazzyman01

Because he does not like it does not make it a redundancy situation.

You both need to write stating that you do not believe your jobs are redundant as effectively they will replace both of you doing the same job. This could be a discrimination issue too.

sockpuppet

I thought so too - but the decision was already made before he even mentioned it to me! He has already interviewed someone else for the full time position before he told me but hasnt offered it to her yet as he wanted to see if i would do it first. I will have to call ACAS on monday, but need to do my appeal letter and get it in the post and cant call them until I have got back home from work. I dont even know if we have a handbook with a procedure in!

jazzyman01

You dont have to go into too much detail. Something as simple as "I am writing to appeal against the decision to make my position redundant and would wish to discuss my reasons with you as soon as possible."

It registers your appeal and you can go into the details once a meeting has been arranged.

sockpuppet

Thanks. I have written to them to request written confirmation of the reaons they have selected me for redundancy and 'the other job' i was offered as their letter of notice gave no information. They have also not given me any appeal so will be sending another letter on monday to make a complaint against my dismissal, just have to wait now and see what they come back with

sockpuppet

well I have had a letter back confirming there was no selection criteria as we were both selected because we were part time and am just waiting for a response to my 'complaint' letter to see if they realise i am entitled to an appeal meeting - or if i just get a letter back in response....

Teazel

Hi. Are there other people doing the same job as you on a full time basis? If there are and they haven't put them in a selection pool with you and the other part time person it sounds like you would have a case for sex discrimination/part time working claim. You don't need any qualifying length of service for discrimination claims. But a tribunal claim takes time, usually around 6 months, to get to. If you've had enough of working there, then negotiate a pay off, they'll probably want you to sign a compromise agreement which means that you wouldn't be able to take a claim so start high and be prepared to come down. You may also be able to take a claim for lack of redundancy consultation. It may also be worth talking to the other part time person in this position too, two people going down the same route with them may get them to see sense.

sockpuppet

Hi, yes there are two others full time (and less experienced). They just want us to work our notice and go - i asked why the other two werent in the selection and 'they cant run the company on part time staff' but there is no real reason why the admin function cant be done by part time as opposed to full time, so thats just their personal choice. They honestly believe they are totally ok to do this so both of us are looking at ending our employment and taking it to tribunal - even if it takes six months. They are not interested in any discussions or compromises. They are old fashioned businessmen with absolutely no idea of employment law, no HR, no HR advisors

Teazel

Hi again. I'd speak to ACAS again before you do this but I'd be tempted to send them another letter saying that they have until a set date to agree a time/date for your appeal hearing, unless the staff handbook has a process/timescale for this in it. If you don't hear anything by that date you could then follow up by sending them a sex discrimination questionnaire that is available on the equalities website. This is aimed at giving you more information to decide if you have a case to make a claim and would indicate that you're serious about taking it further. They have 8 weeks to complete it so if you did it soon you could get any responses back before the deadline to file an ET1. They don't have to complete it but the tribunal can decide what that means if they don't and anything they do say can be seen by the tribunal. Hopefully this might get them talking about money! The cost of defending a tribunal claim for a company isn't cheap. Other option is to find a lawyer to do the same but this is likely to cost you unless you have an legal advice bit on your house insurance as these sometimes cover employment disputes. And if your other part time person does the same thing they have to do it in duplicate so takes more time and effort on their part. Hope this gets sorted out for you.