Unfair redundancy?

banana1975

I have just been advised that being made redundant! Will finish on the 21st December!

I was advised in the original consultation that headcount for my role was being reduded from 8 to 5 on a cost saving exercise.

However I do not agree with the scoring that they have given me as I am diabetic and one of the instances of sickness was due to this and it states that this should not be included but they are in the Bradford Scale?

Also I have found out now that they are not getting rid of 3 people just 1 and me I am part time so 0.5? Also that one of the other people scored higher on skills and experience but has never managed her own team and only recently been trained in the area.

I now do not want to stay but feel that I am being forced out - I have three children and must admit to not being very flexible which I know they do not like!

Can any help with whether an appeal would be worth it? What should I say?

Fishingtime

Sorry to hear that bad news, But as you say in your post you do not now want to stay.
So why bother appealing? Take any redundancy money you can.
Good luck

banana1975

I know but part of feels compelled to appeal as I feel that I do have grounds.

Other part of me says take the money and run but then I panic that I will not get another job and regret not going through with the appeal.......

Thanks for posting.

getmore4less

Sometimes the threat of apeal is enough to get more money and pre agreed references.

an9i77

I agree they should have precluded absences due to medical conditions that come within the definition of disability, as diabetes does. I think an appeal may have some legs - although if you really want to go then I wouldn't bother as they will have to make someone else redundant in your place if they rescind your redundancy. But in principle I think you are right and they should have excluded it from the calculations.

SarEl

an9i77 wrote: »

as diabetes does may do.

Diabetes is not automatically covered under the Equality Act - it depends on the severity of the condition as to whether it fulfills the criteria of having asignificant impact on day to day actitivties. But if the OP only had one day off sick as a result of diabetes then the impact on the scoring would be minimal anyway.

anselld

1 day can have significant affect if Bradford scoring is used as it is
total days x spells x spells

Depends how much you want to fight it. If you feel it is unfair you might ultimately want to go to tribunal and it is best to exhaust all internal appeals processes first if you think you may go down this line. Appeal may change nothing but you can use it to gather information on what actually went on.

an9i77

anselld wrote: »

1 day can have significant affect if Bradford scoring is used as it is
total days x spells x spells

Depents how much you want to fight it. If you fell it is unfair you might ultimately want to go to tribunal and it is best to exhaust all internal appeals processes first if you think you may go down this line. Appeal my change nothing but you can use it to gather information on what actually went on.

True, but it would be a shame if the OP went to appeal, got reinstated and someone else got pushed out in his/her place when the OP does not really want to stay there anyway. OP only you can decide whether or not this would be an acceptable thing to do.

Nassy

If you go to tribunal and it is not a clear cut case ie with a very high chance of success then you would need to go in prepared to lose. I know how much time preparing for a tribunal can take (getting the other side to disclose documents for example can be really time consuming) and also how limited the law is in relation to dealing with redundancy - a tribunal can only decide cases by comparing them against precedent cases which means that there is no wriggle room at all for a tribunal to make up its own mind... It is also the reliance on case law (as the government legistlation on unfair dismissal is open to interpretation) which means that in complicated cases barristers or at least top quality solicitors are required. There have been so many new precedents and old rules thrown out by new rules that a lay person would struggle to understand what is relevant in 2011. Don't make this mistake as I did. Your best bet (if you want to go down this route) is to appeal and try and push for a settlement (if you think that you are going to be left in a bad position). Get several free or cheap consultations from solicitors to get an idea on what you are best off appealing on. If you appeal fails then work out how much money you are prepared to gamble on legal costs to try and gain a settlement. You will want them to think you are going to be legally represented from start to finish as this is likely to worry them more early on. Good luck!

banana1975

Thank you for your replies. It is much appreciated.

I have posted off my appeal letter but I am going to try and barter for a higher redundancy package or severence pay rather than stay. I appreciate that one of my colleagues will have to go if I am re-instated but my partner seems adament that I appeal as if I am stuck 6 months down the line with no job then I will regret it. I can see his point as we have three children and I am only looking for part time work.

They did use the Bradford Scale to calculate my sick and I was off for 3 days but this was classed as one instance so this period of sick has made a difference to me and I was scored a -3 for sickness.

I will post how I get on with the appeal and I do want them to believe that I am clued up in this area and if needed get some legal help.

Thanks again.

Jo

Nassy

Just to quickly add that the purpose of the appeal has to be to try and get your job back though this rarely happens in practice (because making a u-turn on even a poor selection choice may have consequences). You need to be discreet. A tribunal will only compensate you for your loss from being out of work qand would expect you to take your job back if offered. I assume you don't want to go back because of the way you feel you have been earmarked. However at this stage you must not think about possible money but instead following the process.