Redundancy Appeal

andycake

Hi

I was made redundant 10 days ago, for which I appealed as I think the selection criteria is wrong. I would like advice on whether I am right in my thoughts and also advice as to how to approach the meeting.

Further information:

• I have worked for the company for 4 years and 10 months
• Business is sales
• there are 8 sales employees - 6 Area Managers, Sales Director and National Accounts and Export Manager (myself)

• Reason for selection given as the company is to be discontinuing 15 of the current product ranges which accounts for approx 50% of businesses product range
• These ranges are ranges currently sold well to the National Accounts and Export customers
• A formal review of the job role of National Accounts & Export Manager is to be conducted
• Selection method informed to me in writing as follows: 'The National Accounts & Export Managers role is under review which is a unique position and you are the only employee performing this role'

My questions are:

• the discontinuing of ranges will affect all sales areas, not just mine - therefore, should not all of the sales areas been put under selection as well?
• I have more experience with our company, and also in our particular trade, than all of my colleagues
• My performance over the past 3 years has been better than all of my colleagues

There are other things I would like further advice on, but would welcome help on the above, if someone is able to help me.

I think I feel that I have been singled out unfairly in this matter.

Many thanks for reading
andycake

getmore4less

Have you actualy been given notice?
what consultation was there?

Looks like they have done it right, unique position redundant, if the review eliminates the position.

I see a couple of approaches.

Try to get the pool widened to include the other roles, but are they comparible on T&Cs especialy renumeration.

Use bumping so you replace one of the others(remember it is jobs that go not people, so you can move people around).

What has happened to the work you did, is it all gone or has some been redistributed.

andycake

Thank you for your reply!

I have been given notice and my position ends on August 8th.

I do the same job as every other sales person (selling the company's products), however, I deal with some different accounts which means a slightly different process to obtaining the order.

T&Cs for the other sales people are exactly the same as mine, although they all have designated territories with their accounts on. Whereas I work from home. Renumeration varies with the sales managers, but I know one of them is only on £3k less than me.

I was asked during the consultation whether I would take an ASM role, on ASM salary and relocate if required - I answered that I would. They then came back saying no position was available and they were happy with the sales force.

Regarding the accounts I look(ed) after, no decisions on the ranges has yet been made, therefore we are still trading with (and accepting orders from) all the accounts.

Also, the Sales Director is leaving on Friday, so there is the question regarding who will look after the accounts he had?

getmore4less

You need to find out what the plans are and if you feature in them or can negotiate a way in(unlikley).

Who is driving the change and who do you hand over your accounts to.

In the mean time use your network to find a new job.

Any secondary market for the products so you can go it alone.

andycake

I do not think I feature in any plans. Regarding my accounts, I just have to provide all contact details and updates /issues.

My appeal meeting is this Thursday.

Do you feel the selection criteria they have used is correct? Or do you think I can take it further?

getmore4less

If you are appealing you need to have a reason why you think this is wrong.

You can allways try to challenge them on the grounds that the jobs are equivilent and should be pooled and that if that is done you will be picked to stay and someone else will be chosen to leave might be worth haveing resons why someone else should go or general reason why you are better then all the others..

If they want you gone then they will have pool criteria that make that happen. ifthis is personal being driven by one person you need to know who that is and what they are using to justify their case

Also you need to get to the bottom of the business changes and how they are implimenting them to see if there is any angle there.

If they think you have a case a Comprimise agreement may be put on the table.

andycake

Many thanks - we'll see how I get on!

Scuttler78

Hi

Redundancy happens when an employer's need for employees to carry out work of a particular kind has ceased or diminished. Therefore the question you need to be asking is, has the employer's requirement for the work you have been carrying out ceased or diminished? If the answer is yes, and you are the only person carrying out that work then arguably you are in redundancy situation. However, even in that situation you can try to argue that it would be reasonable for the employer to widen the pool and consider bumping, particularly if your role and that of other employees are interchangeable. If you are in a Union then approach them for advice or you could try giving Acas a call. If you can find a firm of Solicitors that does employment work, give them a call as they often offer a half hour initial consultation for free (without any obligation). I wouldn't necessarily recommend paying for legal representation as the fees can rack up quickly and eat into (or consume entirely) your redundancy pay without any guarantee of success. I hope it works out for you.