Tricky redundancy payout situation...please advise.

bstu123

Hi All,

I received confirmation of redundancy yesterday and now have the right to appeal the decision...(2 of us going for the same job, I was unsuccessful).

I have the selection criteria scores and feel it's not conclusive but this may be hard to prove....do i appeal?

Reason i ask is our company offers an enhanced package which i would like but they may just give me statutory if they think they have it all done and dusted. I'm thinking if I appeal it gives me a better chance (leverage) of getting the enhanced package which involves a comprimise agreement. If I don't appeal and go to tribunal later will the fact I didn't appeal lead to a dead end?

I do feel they have been sneeky on their selection as do many of my collegues, the difference between statutory and enhanced is massive.

Please advise, I don't know what to do.

Regards,

B.

tobyjug

What happens if you accept the statutory package...you leave? If you appeal surely the outcome is that you leave with a higher payout...my husband was offered a deal a few years ago...he appealed as it had been very backhand and although he still left he had put his thoughts across and fought for what he believed he was worth. Still landed with just a little bit more than a statutory payout though.

I think it is really important that you appeal and remain polite and official throughout all communications don't burn any bridges because future employers will need references.

I hope you get what you deserve out of a horrible situation.

ceridwen

If they are forcing you out - then surely they have to give you the full package agreed? (ie that enhanced package).

Check with your union and see what they say.

My basic reaction is that if there is any question of them dibbing-up the proper payout (ie the enhanced one) - then appeal. You have nothing to lose (apart from a bit of your time and energy...) - but maybe have something potentially to gain.

getmore4less

They should have given you the terms if they have been through the selection proccess it is part of the required information that should be disclosed.

Have they always given the enhanced package in the past?

IF based on the criteria used it is close, can you challenge the critria.
(allhough this should have been done during consultation)

Anything else that may have been done wrong?

dickydonkin

If there is a likelihood of progressing to a tribunal, then I would suggest you appeal.

You should have been aware of the selection matrix and the criteria to be used during your consultation and if there were any concerns, you should have raised them at that time. Some companies also have an agreed selection matrix incorporated into their redundancy policy.

Some employers can make a selection matrix 'tailored to fit' (I have seen it happen) to ensure they retain someone who may otherwise lose points on a more 'fairer' matrix.

Obviously, the objective criteria (time & attendance, discipline etc.) cannot be disputed, however, subjective criteria can - and from your posting, that seems to be where you have issues.

I expect you will only have seen your own scores on the selection matrix so it may be difficult to ascertain where you 'lost points' to your rival, however, the scoring would need to have been appropriately undertaken.

Ideally, two people would do the scoring when reasonably practicable to do so and these should be people who are aware of your standard of work. Does your company carry out annual performance appraisals? If so, refer to your copy of the appraisal document to ensure there are no discrepancies and the scores on your selection matrix are compatible to your appraisal.

You may be aware that if you do appeal, the person who hears the appeal must have had no involvement with the consultations and must be in a more senior position in the company than those who carried out the consultation meetings.

Just because enhanced packages have been given out in the past, the company is not obliged to continue offering enhancements now or in the future.

You will also have been given a time scale to appeal (usually 5 days) and if I was in your position, I would certainly do so, however, you will need a basis for such action. If you believe the scoring is inaccurate or you are unhappy with the method used, you could use that as a reason(s) to appeal.

I hope it works out OK for you.

EDIT
If I have understood the post correctly, are you stating that the company will only pay enhanced redundancy payments if you appeal? If that is the case, it is a 'no brainer', however, I am always suspicious when enhancements are offered subject to signing a compromise agreement as it can sometimes (but not always), indicate that the company know their redundancy procedure may have been flawed and will pay additional money to 'go quietly'.

getmore4less

dpassmore wrote: »

Just because enhanced packages have been given out in the past, the company is not obliged to continue offering enhancements now or in the future.

If you have the evidence for custom and practice it can be worth persuing.

There are a number of examples where this has succeeded and failed at an ET.

By lookng at these you can see if you have the nesessary info to make a C&P claim for enhanced payments.

the key points are it needs to have been done several times, the same each time and communicated to the employees.

bstu123

Hi all,

Your comments have been great. The company are very precise and have done everything by the book, group consultations, individual consultations, 3r's, provided my score against candidate x...i missed out by 3 points but the selection criteria is subjective....examples below.

dealing effectively with unexpected situations.
ability to persuade others.
ability to transform a team

How do you really measure these....it's opinion that cannot be measured.

Strange how they have done everything by the book but have left the selection criteria wide open which allows then to pick and choose on perception.

I am scared if I do appeal they may not take kindly to this and just force statutory on me and tell me to leave.

I have worked there for many years ....never had 1 days sick, been loyal, travelled to other countries with no complaints....this is why i feel cheated.

They give enhanced to majority of people as they want to keep their reputation in tact which is vital to their success.

Thanks,

BP.

dickydonkin

getmore4less wrote: »

If you have the evidence for custom and practice it can be worth persuing.

There are a number of examples where this has succeeded and failed at an ET.

By lookng at these you can see if you have the nesessary info to make a C&P claim for enhanced payments.

the key points are it needs to have been done several times, the same each time and communicated to the employees.

getmore4less - Good point - and there is a precedent - sort of:

Harlow v Artemis International Corporation Ltd - provision in a staff handbook term was an express term of contract of employment

Mr Harlow claimed that he was entitled to an "enhanced redundancy payment", above his statutory entitlement. Artemis argued that their "Enhanced Redundancy Policy", published to all employees, did not form part of Mr Harlow's contract of employment: he argued that, either expressly or impliedly, it did.

The High Court found the Enhanced Redundancy Policy, although set out in a staff handbook, was important to the "overall bargain" as part of remuneration. It spoke of an "entitlement" to the relevant payment - this set it aside from other policies which were "procedural, aspirational or discretionary matters" and it should be regarded as an express contractual term. Mr Harlow was entitled to the payment.

In any event it had become the employer's policy over the years to make enhanced redundancy payments. It could therefore also be regarded as an implied contract term.

Although in this case, the entitlement was stipulated on the company's redundancy policy and intranet and not on the employees contract of employment, however, the company had blatantly disregarded their own policy.

That potentially strengthened the claimants case, however, I see your point where there is potential to claim enhanced redundancy as an implied contract term even though no such provision is stipulated on the employees contract of employment.

Maybe this information may be of assistance to the OP to negotiate a better payout - true, it could be hit or miss if it went to tribunal, but is certainly a good bargaining tool.

dealing effectively with unexpected situations.
ability to persuade others.
ability to transform a team

How do you really measure these....it's opinion that cannot be measured.

These are very subjective as you have stated, however, If I was in your position, I would appeal on the basis of the subjective criteria and ask the following questions.

Can the company provide example(s) where my rival has performed better in the three subjective topics listed above? They must have some form of evidence/example(s) or they would not have been able to score those criterion.

You did not state if you had any appraisals of your performance - if you have I would ask why those 'weaknesses' were not brought to my attention which would have allowed me to rectify any performance issues.

Because of their subjective nature, I would expect it could be difficult to prove. They may of course suggest that they are not prepared to discuss your rivals performance, however, if they stated this as an attempt to avoid the question, they may need to be reminded that a tribunal could force the issue.

There is no reason why you should not leave on good terms. Appealing is your right and in your situation, the only person that matters now is YOU. I would not worry too much about the company - they seemingly have no concern for you if they have 'cheated' you out of your job.

You suggest that they wish to retain their good reputation - if that is the case, the last thing they would want is a tribunal with all of the negative publicity that can result. Your job has gone - just try and get something from the company to compensate for your loss.

Good Luck