unfair dismissal????

meplus3

hi guys im in need of a bit of help.

I am currently on maternity leave and went to see my boss last week, who told me that she is making me redundant as soon as i get back off maternity leave. i appealed this decision as she has another girl who has been working for her for just 6 months who has nowhere near as much experience as i have (this girl has 6 months i have 8 years) and i am more qualified than she is and i feel that this other girl should be made redundant before me. my employer decided to uphold the decision to make me redundant. The other girl does not bring any money into the business as my employer does not let her do any ones hair due to lack of experience. she pays us the same wages but the other girl works 4 days whereas i only did 3.

What if anything can i do about this?

any advice is greatly appreciated

Hammyman

The girl doesn't do the same job as you - she's a trainee - so its perfectly legal to make your position redundant. It will cost your employer to make you redundant so its not a decision they'd be taking lightly, especially as you're both on the same money.

It could be that work has dropped off a fair bit since you were last there so whilst she hasn't got enough work for two fully trained hairdressers, there's enough to keep her going and it gives her time to train up the other girl in the hope that business improves sufficiently that there's a place for her down the line.

Mudd14

Are you and the other girl working doing the same job? Did they notify you that that you were at risk of redundancy? How did they select you, what method did they use for choosing you over her (providing you do the same job)?

no-oneknowsme

[

QUOTE=Mudd14;40881316]Are you and the other girl working doing the same job?]

Ones a trainee hairdresser and one is a fully qualified hairdresser

Mudd14

How do we know this, am I being blind?

no-oneknowsme

[QUOTE=meplus3;40872892](this girl has 6 months i have 8 years) and i am more qualified than she is and i feel that this other girl should be made redundant before me. my employer decided to uphold the decision to make me redundant. The other girl does not bring any money into the business as my employer does not let her do any ones hair due to lack of experience.
any advice is greatly appreciated[/QUOTE]

I was reading "between the lines" .

meplus3

hi guys sorry for the confusion this other girl is NOT a trainee she is a qualified stylist. i wasnt notified that i was at risk i was just told that when i return from maternity leave i will be made redundant.
her only reason for selecting me over the other girl is i work 3 days and the other does 4.
i have spoken to acas and they have advised that there are several things to take into consideration when choosing who is to be made redundant. they advised me to get advice from an emplyment law solicitor as it does sound like i have a case, but i have heard that acas sometimes give bad advice so i thought id ask u guys first.

thank you for all your help.

no-oneknowsme

meplus3 wrote: »

The other girl does not bring any money into the business as my employer does not let her do any ones hair due to lack of experience. she pays us the same wages but the other girl works 4 days whereas i only did 3.

If your statement above is correct then none of this makes any sense to me....

You say that the other girl isnt allowed to do anyones hair because of her lack of experience..What exactly is her role in the salon then ?

You go on to say that your employer pays you both at the same rate even though it would appear from your post that you do the biggest share of the work ?

Something isnt right here ? Have you ever raised this matter with your employer before ?

To me its a bit unfair.

williacg

meplus3 wrote: »

hi guys sorry for the confusion this other girl is NOT a trainee she is a qualified stylist. i wasnt notified that i was at risk i was just told that when i return from maternity leave i will be made redundant.
her only reason for selecting me over the other girl is i work 3 days and the other does 4.
i have spoken to acas and they have advised that there are several things to take into consideration when choosing who is to be made redundant. they advised me to get advice from an emplyment law solicitor as it does sound like i have a case, but i have heard that acas sometimes give bad advice so i thought id ask u guys first.

thank you for all your help.

There are several employment law solicitors in MSE, I'm sure that they'll be able to offer some helpful advice, but are you in a union, or have you spoken to the CAB?

no-oneknowsme

williacg wrote: »

There are several employment law solicitors in MSE, I'm sure that they'll be able to offer some helpful advice, but are you in a union, or have you spoken to the CAB?

Further to this post by williacg , do you have any home insurance policies ?

If you do , then check your policy documents because a lot of people have free legal cover as standard on their cover . Many do not even realise that they have this cover.

If you do , contact your insurance provider and they will then ask for all the details surrounding your claim of unfair dismmisal . If they consider that you have a relatively good chance of winning your case they will provide you with an employment law solicitor in your area. All of this will be free of charge to you because you have the cover included in your home insurance policy and would work out invaluable.

Dig out those policy documents and see if you have legal cover included.

meplus3

no-oneknowsme wrote: »

If your statement above is correct then none of this makes any sense to me....

You say that the other girl isnt allowed to do anyones hair because of her lack of experience..What exactly is her role in the salon then ?

You go on to say that your employer pays you both at the same rate even though it would appear from your post that you do the biggest share of the work ?

Something isnt right here ? Have you ever raised this matter with your employer before ?

To me its a bit unfair.

tbh i dont actually know what her role is at the minute, she was employed as a stylist but after a few complaints my boss stopped her from doing any cutting and most colours all she actually does is do peoples regrowth! we both bring home the same pay but i got £x amount for 3 days and she got the same amount for 4 days. yes i did do the biggest share of the work but my boss is very friendly wth the other girl and they do activities after work together, i think that tghis is the real reason but i couldnt take that reason to an employment tribunal.