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Do I have a case to appeal against redundancy?

Sorry this is so long.


In september our company informed us that there are to be redundancys this christmas,we were told either 1 full timer and 1 part timer(classed as 3 people) or 3 part timers must go off our shift alone (there are only 13 people on our shift). One person put in for voluntary which left 2 part timers or one full timer to be chosen.

In August I was called to the office because I had taken off 9 days sick in the past 12 months and I was put on record and told my sickness must improve. I only take sickness if I am really ill as I dont get paid and I need every penny I earn. Well,this week Ive been informed that I have been chosen as one of the people to go because they used the point system and I had the lowest sickness count.I have worked for the company 11 years and 5 months.

My arguement is this.... christmas 2007 a girl who is on my shift suddenly went off sick saying it was high blood pressure. Someone who also works at our company said they saw this girl leaving the hospital carrying her new baby.(found out later that although she as done this before she is a married woman with 5 children) she did not tell anyone she was pregnant and led the company to believe she had just the high blood pressure,even bringing in doctors notes for it. She worked up untill 2 weeks before the baby was due and her friend said she didnt tell anyone because she was planning on adopting the baby but when she got seen by another collegue she couldnt go through with it because she knew that everyone would know.
The work she did while pregnant was awful,our jobs are very manual and we have to pick up weights in the region on 75kg for hours at a time without a break.

Since the birth of her baby the management have now discovered that she put both the company and her and her babies health at risk and this could of been bad if anything had of happened. The manager made a comment to me when she found out saying it was fraud and could of got the company into a lot of trouble.

My question is how can they choose someone who as only had 9 days sick over someone who did something so fraudulant to the company (she still works there!)

Do I have a case to appeal?
thanks baggie28
«1

Comments

  • Anihilator
    Anihilator Posts: 2,169 Forumite
    No you dont

    Why is this other woman relevent?

    They scored based on sickness. Your score was worse. You were made redundant.
  • westv
    westv Posts: 6,489 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    9 days seem a lot. Was there any particular reason why it was that many?
  • Mmmm, that question is a bit a bit personal Westv.

    Incidentaly - surely a pregnant woman has a right to keep her pregnancy to herself if she wishes.
  • How can someone be 8 1/2 months pregnant and nobody notices?
  • mrcow
    mrcow Posts: 15,170 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Proc - that's a man in a fat suit!

    You can't appeal redundancy on the grounds of hearsay and gossip.

    If it's been pointed appropriately then I'd doubt you have any grounds. Have you spoken with anyone about this so far? (eg. CAB etc)?
    "One day I realised that when you are lying in your grave, it's no good saying, "I was too shy, too frightened."
    Because by then you've blown your chances. That's it."
  • westv
    westv Posts: 6,489 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    katfishh wrote: »
    Mmmm, that question is a bit a bit personal Westv.

    Why?
    9 days off due to surgery = OP has a right to be upset it's a factor in selection
    9 days off due to feeling a bit off = More of a valid reason to be selected?
  • Money_maker
    Money_maker Posts: 5,471 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    75kg weights? This must be a mis type. Try H&S if you really think you are lifting this weight.
    Please do not quote spam as this enables it to 'live on' once the spam post is removed. ;)

    If you quote me, don't forget the capital 'M'

    Declutterers of the world - unite! :rotfl::rotfl:
  • mikey72
    mikey72 Posts: 14,680 Forumite
    You can always appeal, and take it to a tribunal. You may not win, but you will get some decent advice beforehand though.
  • Anihilator wrote: »
    No you dont

    Why is this other woman relevent?

    They scored based on sickness. Your score was worse. You were made redundant.

    Well if they have only scored on sickness, the OP DOES have a case for unfair dismissal, however, I suspect there would have been a selection matrix scored on objective and some subjective criteria.

    Why is the other woman relevant? well I would suggest that as she was in the selection pool with the OP and was retained rightly or wrongly, I would find her very relevant!
  • 75kg weights? This must be a mis type. Try H&S if you really think you are lifting this weight.

    Wow - what kind of job is this??

    The H&S guidelines for manual handling are 25kgs for a man and 15kgs for a woman. You all must have forearms like Popeye - probably best out of the place.
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