Question On Making Document Requests in Unfair Dismissal Scenario

Nassy

Hi,

I am contesting a redundancy based on selection pool and other related areas. I have a question relating to document disclosure.

Having spent some time analysing the document bundle of voluntary disclosures from my former employer, it is very clear to me that a lot of stuff I believe is relevant must be missing.

There are a number of documents/emails which I think will help show that I did a similar role to so-called "senior" members in my team (not put in the selection pool) which I know they hold that could help my case or put the "evidence" my former employer has submitted in contect. I plan to make specific document requests for these :cool:

However the other thing is they have provided no documents/emails showing the reasoning that went into redundancy decisions ie selection pool criteria (which I believe were unfair, very subjective etc) , plans on number of intended redundancies (they've gave me verbal information on this in the appeal meeting that I suspect isn't 100% true), proof they looked for alternative vacancies etc... In fact the only meeting minutes provided in the voluntary bundle are based on meetings including the "at risk" members (most of them including myself ).

Question is, should I ask for evidence of meeting notes related to redundancy planning? I am not sure, because I think that if they don't back up certain things that are being contested then may be this doesn't help them.. On the other hand it might be that something contained in this documentation could help my case and would be better off disclosed.

Any opinion on whether I am best off asking for documents showing this sort of information?


Thanks

SarEl

You can ask but I expect that the request will be declined on the basis that the documents you are asking for are business sensitive - which a tribunal may agree with. But you do not have to prove anything - the burden of proof is on the employer here.

Nassy

Thanks. I am going to put in a requests for all documents I think are relevant to the case but (assuming they don't disclose the documents first hand) I will make tribunal orders only on the ones I am certain they hold and that are specifically useful to prove my own arguments.

The representative on the other side has just this evening sent me an email telling me they are ready to 'paginate' the bundle. (case management order gives a date in August as deadline). In this case I guess am going to send my requests in very soon. :cool:

PHYTHIAN

There are a number of documents/emails which I think will help show that I did a similar role to so-called "senior" members in my team (not put in the selection pool)

Their answer to this will be that they 'delegated' tasks or 'empowered' you to carry out the tasks expected of a more senior employee....no harm in them doing that.

Re : meeting notes related to redundancy planning. By this I presume you mean the criteria they used to decide who it should/n't be. Criteria can be age, ability, future potential, past conduct,timekeeping,attendance, seniority,suitability etc etc. You can probably do much of this analysis yourself. You could ask what criteria they have used and could have grounds for appeal if it has been applied incorrectly or not in line with recommended guidelines. Further reading at:-
http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1073792400&type=RESOURCES

God Luck. Hope it all works out for you.

Nassy

Thanks Pythian - I don't think they could say they "empowered" me (we are already midway through the case and this argument is not put forward from the other side).. It would make no sense. I was carrying out exactly the same duties as other team members when I joined the company and wasn't aware of anyone being "senior" (if they were as I still am not 100% convinced). Also there was no appraisal process, pay rise reviews so there was no concept of personal development.

I will take a look at the link.

ILW

Can they not just say they preferred to keep on the other people?
That is unless there is some sort if illegal discrimination involved.

Nassy

ILW, Using a combination of selection pool and matrix, a company has a lot of flexibility in who they make redundant but up to an extent have to show they acted "reasonably" meaning any criteria is consistently applied and is not overly subjective. This is even without proven, specific type of discrimination.