made redundant and need help 2

Anihilator

grayclose31 wrote: »

there was no consultation what so ever. I am not sure if you have read the first part of my situation that is further down this forum.

If you haven't please do have a look.

I did read it.

Consultation in the respect you mean isnt always necessary depending on the size of the redundancies proposed and the size of group it effects.

From your post I don't think it was required here. The consultancy would be the meeting where they told you why you had been chosen.

Anihilator

Mudd14 wrote: »

See the previous thread leading up to the dismissal. No part of the ACAS code of conduct has been followed regarding the dismissal which makes it completley unfair.

I think there is the chnace to appeal, not for financial gain but to ensure the dismissal was fair. There are obvciously others that should have been at risk but the employer chose this person as it was the cheapest option. Hardly fair.

Saying this I can only base my opinion on the information given which of course may not be the complete picture.

Firstly the financial reason is merely speculation by the OP. There is no proof of such. The company could have had far better reasons for it. For example do we really believe the company got rid of the OP to pay employees performing the same more. hmmmm probably not.

Secondly a code is just that a code and tbh the OP hasnt asked the right questions etc to conclude a suitable case. Instead they have gone off on one.

What is the OP going to do if/when they provide a perfectly legitimate business case as to why they were chosen.

Mudd14

Thats my point, the only basis to appeal is to ensure the selection process for redundancy was fair. When they provide a legitimate reason and show a fair selection process then that would satisfy me (if I was in the OP's shoes). I think we agree on that part.

My speculation over financial gain was just based on my opinion of people these days (Sorry OP I am judging). In the recession everyone is looking for money for nothing.

However, I still believe from what has been said in the posts the dismissal was unfair as they failed to follow any procedure.

Anihilator

Mudd14 wrote: »

Thats my point, the only basis to appeal is to ensure the selection process for redundancy was fair. When they provide a legitimate reason and show a fair selection process then that would satisfy me (if I was in the OP's shoes). I think we agree on that part.

My speculation over financial gain was just based on my opinion of people these days (Sorry OP I am judging). In the recession everyone is looking for money for nothing.

However, I still believe from what has been said in the posts the dismissal was unfair as they failed to follow any procedure.

But how exactly?
The OP didnt ask the procedure.

The company imo seems to know the redundancy process and any info missing is because either the OP didnt ask or withheld it.

OP - what reasons did they give for selecting you?
How many people were made redundant?
How many people would be included in this "group"?

blckbrd

Info on selection for redundancy incl. examples of unfair selection:
http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029832

Seems to me that a manager wanting someone out - as long as the reasoning can be supported - isn't necessarily unfair dismissal.

Anihilator

Last in first out


Your employer can look at all employees’ length of service with the company, and select those with the shortest service (the last ones to join). This can sometimes be indirect discrimination on the grounds of age if it affects one age group more than another, unless your employer can objectively justify it.

Most interestingly as basically means they can just choose the cheapest.

grayclose31

Anihilator wrote: »

But how exactly?
The OP didnt ask the procedure.

The company imo seems to know the redundancy process and any info missing is because either the OP didnt ask or withheld it.

OP - what reasons did they give for selecting you? NONE
How many people were made redundant? JUST ME
How many people would be included in this "group"?

3 People as we all do the same job

I was not the last to be employed by the company and i was not offered any other possition.

I am not looking for financial gain but i have been told that i will not be paid my commision due.

I just want what is owed to me then i can get on with my life.

The company owner has always gone out of his way to avoid paying anyone in the past.

This is no blue chip company and the figures for last year are the same as the year before. In the construction industry that is not bad.

The owner seems to think that people will just walk away with his bully boy tacktics

Anihilator

grayclose31 wrote: »

3 People as we all do the same job

I was not the last to be employed by the company and i was not offered any other possition.

I am not looking for financial gain but i have been told that i will not be paid my commision due.

I just want what is owed to me then i can get on with my life.

The company owner has always gone out of his way to avoid paying anyone in the past.

This is no blue chip company and the figures for last year are the same as the year before. In the construction industry that is not bad.

The owner seems to think that people will just walk away with his bully boy tacktics

Tbh you sound paranoid.

The redundancy seems justified.
Your only defence now is the selection criteria.

What where these? and why were you chosen?

What are your grounds for appeal.

Making lots of allegations without proof isnt going to get you anywere.

grayclose31

My grounds for apeal are as you have stated.

I wish to question the selection criteria. As i was advised to do so from ACAS.

I am not paranoid i just beleive that i have been unfairly treated and should get everything that is owed to me and nothing more.

If this means taking out an unfair dismissal claim then so be it.

Anihilator

grayclose31 wrote: »

My grounds for apeal are as you have stated.

I wish to question the selection criteria. As i was advised to do so from ACAS.

I am not paranoid i just beleive that i have been unfairly treated and should get everything that is owed to me and nothing more.

If this means taking out an unfair dismissal claim then so be it.

Well there are no grounds stated.

You will in this appeal have to make an informed intelligent argument. If you go in with what you have posted you will be laughed at.

What was the selection criteria? You have still not answered this. I dont want a guess. I want the selection criteria they stated too you.

Tbh you are paranoid, and at the moment living in a dream world as you dont have any sort of case mainly due to not having remotely the information you need.