can you appeal a redundancy notice ?

Grimbal

Completely naive question, for which I apologise.

- my friend was handed her redundancy notice yesterday
- prior to that she was involved in training up a colleague
- this colleague was on a temporary contract until a month ago, when he was hired as a permanent member of staff
- apart from my friend's role, he also has a few other additional responsibilities


They are making her redundant due to a "duplication of roles". However, the duplication of roles was surely engineered by the company (friend training up her colleague). Can she appeal her redundancy notice, or are these things generally "a decision made" ?

ETA: we do not belong to a union - I vaguely remember something in my contract about not being able to join one & assume this stands for her too


TIA

Nahhah

Hi Grimbal,

It definitely doesn't sound right. This is very similar to what happened to me, though I was supposed to be moving to a new role (after training my successor) which was made redundant before I even moved into it!

It seems like your friend's situation is even more blatant, as they should never have employed someone else if this was going to happen immediately after.

Firstly, did your friend work there a year or more? If it's less than a year, I don't think there's much you can do, though I may be wrong..

If it's over a year, she can certainly appeal and I think she would have a very strong case for an employment tribunal. You can appeal any decision of redundancy or dismissal but the employer probably won't change their mind - it's just good to show you have followed the process. All she would be doing is demonstrating that she is not happy with the decision and asking them to reconsider.

Another point is whether they followed the correct procedure. Was she given due warning of the need for redundancies and informed that she might be considered for redundancy? Or was she pulled into the office and given her notice out of the blue?

It is a terrible thing to happen to you, so I hope she can take strength knowing that there are others out there in the same position and I do so empathise with her.

getmore4less

You can appeal anything

She will need to look at the selection criteria and the process.

The company can just say business was doing well and we expanded, woops too much need to make cutbacks.

Grimbal

Nahhah wrote: »

Hi Grimbal,



It seems like your friend's situation is even more blatant, as they should never have employed someone else if this was going to happen immediately after.

Firstly, did your friend work there a year or more? If it's less than a year, I don't think there's much you can do, though I may be wrong..


She's been with the company around 10 years

If it's over a year, she can certainly appeal and I think she would have a very strong case for an employment tribunal. You can appeal any decision of redundancy or dismissal but the employer probably won't change their mind - it's just good to show you have followed the process. All she would be doing is demonstrating that she is not happy with the decision and asking them to reconsider.

Another point is whether they followed the correct procedure. Was she given due warning of the need for redundancies and informed that she might be considered for redundancy? Or was she pulled into the office and given her notice out of the blue?


She was a little shocked yesterday & just said to me that she had been told she was being made redundant - no notice of a consultancy period - from how she described it was without notice & told that she was being made redundant - although will double check with her

It is a terrible thing to happen to you, so I hope she can take strength knowing that there are others out there in the same position and I do so empathise with her.

thank you both for your replies, I have forwarded on this thread to my friend

getmore4less

Definately worth an appeal on selection grounds and process.

what was this other peson doing full time before this situation?

Has there been any change in work loads, or contracts lost etc.
What are the business reasons for the redundancy.


there does appear to be potential preselection going on but proving thta may not be so easy.

Might be worth some legal advice, check the home insurance paolicy often that covers employment.

Is there any sign they are doing other stuff wrong 10years service is 10 weeks notice and 10 years redundancy pay(age adjusted) and accrued untaken holidays.

Grimbal

getmore4less wrote: »

Definately worth an appeal on selection grounds and process.

what was this other peson doing full time before this situation?

he was a industrial trainee, then on a temporary contract

Has there been any change in work loads, or contracts lost etc.
What are the business reasons for the redundancy.

We work in science - private company - times are generally hard for science in the UK apparently. A new head is taking over & is re-structuring the business

there does appear to be potential preselection going on but proving thta may not be so easy.
her worries exactly

Might be worth some legal advice, check the home insurance paolicy often that covers employment.

oh, very good point, didn't even think of that - will definitely pass this along

Is there any sign they are doing other stuff wrong 10years service is 10 weeks notice and 10 years redundancy pay(age adjusted) and accrued untaken holidays.

as above, I need to find out from her if they are offering her a consultation period, as I believe that this is compulsory ? I'll get her to go over the details with me to check they haven't reneged on other requirements too

McKneff

I think there has to be a certain amount of employees before a consultation period is compulsory

SailorSam

I once appealed against being made redundant. I took the firm to a tribunal for unfair dismissal and won. I explained to the girls i worked with that i wasn't doing it so that one of them would have to go.
I was given the option to have my job back or a pay-off.
I took the money, that was though in the days when the next job was easier to get.