Appealing redundancy

claire0710

Do I need to appeal against a redudancy notice before claiming unfair dismissal?

My redundancy letter is from one director and it says I can appeal but to the other director - surely the appeal should go to the director who sent the final notice?

Thanks for any advice.

Weirdlittleman

The appeal can go to anyone they like who hasnt been involved to a major degree previously.

The director who sent the letter probably was the one who made decisions hence why they arent dealing with appeals.

Why are you appealing? Why do you think there is unfair dismissal.

claire0710

I think its unfair dismissal - I am the longest standing office employee and I have been on maternity leave. Since I came back the office is being restructured and there is only 1 role left between myself and the administrator who was been there 2 yrs (I have been there 5 yrs). Both our roles would change to include certain things and other duties taken away. My arguement is that I have not been assessed fairly against the other member of staff for the existing role. I have simply been made redundant, despite offering suggestions for avoiding it such as job share or reducing my hours.

Weirdlittleman

You can certainly appeal but nothing you have posted would lead me to think it is unfair dismissal.

Why bother with a job share or having more staff than they need when they can simply have 1 person and make the other redundant?

Why do you think the assessment is not fair?

claire0710

There has been no assessment! I have been doing the job the longest amount of time but only I was given the redundancy notice. Essentially we do the same job and our skill level is the same. During my appraisal whilst on Mat Leave I was encouraged to return earlier than anticipated as I was needed back in the office, when I returned I was simply told to go and find something to do. There was no mention of potential redundancy during the appraisal and I believe it has been orchestrated and is not a genuine redundancy.

Judith_W

def sounds fair if your colleague has not also been put on notice of redundancy. Suggest phone ACAS

Weirdlittleman

claire0710 wrote: »

There has been no assessment! I have been doing the job the longest amount of time but only I was given the redundancy notice. Essentially we do the same job and our skill level is the same. During my appraisal whilst on Mat Leave I was encouraged to return earlier than anticipated as I was needed back in the office, when I returned I was simply told to go and find something to do. There was no mention of potential redundancy during the appraisal and I believe it has been orchestrated and is not a genuine redundancy.

When you say essentially what do you mean by this?

Either you did the same job or you didnt.

dickydonkin

There has been no assessment!

but confusingly you write:

I have not been assessed fairly

Have you had consultations informing you of the selection procedure and the details of the selection matrix and scored acordingly? It difficult to ascertain this as some of you comments are contradicting.

If the OP is suggesting that no selection matrix has been used to determine who will be dismissed by reason of redundancy, then that alone could potentially make the dismissal unfair.

A letter of appeal can actually go to anyone (even those involved with the procedure) but the hearing should be held by someone not involved and ideally, in a more senior position than those involved with the consultations. Of course, there may be other instructions relating to appeals on the confirmation of redundancy letter or stipulated in the company's redundancy policy.

I think more details are required.

Pete111

If you are thinking of claiming for unfair dismissal then you need to appeal the redundancy - ie exhaust all the formal company procedures first.

Claiming unfair dismissal due to selection being unfair is a tough one to make stick - take some legal advice before you do this.

Your length of service as compared to the other employee is unlikley to be relevant but the fact they were not put on notice of potential redundancy is a very useful start point for you assuming what you post is accurate re your current roles being the same etc.

claire0710

Hi, please see my other thread as well - I have appealed the redundancy and have a hearing soon.
Sorry if it seems I have contradicted myself. The other office staff member had additional duties involving bookkeeping but this has now been given to the accountants so she is left doing most of what I did. I had a supervisory role but was still involved with the office work of answering phones, taking orders, invoicing, statements, stock etc and this accounts for 95% of the office work so the jobs are interchangable.
There was no assessment - only I was selected therefore there was no criteria or selection process so I still believe it was unfair.