Possibly Getting Dismissed through Sham Redundancy.

LegalSec

I work as a Legal Secretary. At the firm where I work, all the secretaries have been given a letter todayinforming us that the firm needs to cut one Legal Secretary position due to adownturn in business. I feel sure thatthis is a calculated move to dismiss me from the firm since the letter statesthat while the company is keeping all options open. should redundancy bedecided upon then a scoring system will be implemented. The ‘scores’ are quite low positive marks forstandard of work, experience, qualifications whereas the scores for writtenwarnings are quite high negative marks. Ihave a written warning and a final written warning (both which I feel weretotally undeserved but accepted in order to keep my job) so consequently Icalculate my score would be the highest in the firm (excluding disciplinary)but the lowest if disciplinary matters are included. I feel this is contrived and I need to knowis there an accepted scoring used by Employment Tribunals which I can insist isused in this case?

AP007

I think they can use any system they like.

I was not even allowed to see the scores when I and 2 others got made redundant. I have no idea if they asked but I was was threatened when I asked to let it go.

mountainofdebt

Why would they go through a redundancy process if they could have sacked you previously ?

Has the work load decreased?

LegalSec

Why would they go through a redundancy process if they could have sacked you previously ?

Has the work load decreased?


Thanks for the reply, to which I comment...

They could have sacked me but they know I would start a claim for unfair dismissal, so making me redundant would lower their risk AND no the workload has not decreased for secretaries.

mountainofdebt

So is this written warning for arguing with the trainee solicitor or some other offence?

LegalSec

Thanks Mountainofdebt, yes I had one written warning for having a run-in with a trainee solicitor and another one for a run-in with a client. Very little was proved in either case but I had to just go along with things and accept the warnings to keep my job. Question is, can they use this system of scoring?

keithrgj

i would be questioning this redundancy process of a points system.

if a company needs to make a staff member redundant through restructuring is to first ask the staff at risk

ANY VOLUNTEERS for redundancey, then the next stage is normally last in first out

mountainofdebt

The reason I asked was that in a previous post you said that the written warning expired in June - so I assume that you meant June 2012?

If that was the case then I would assume that they can't use that negative score surely - but I'm no expert.

Of course you still have the matter of the FWW (which is for the run in with the client?) which I would imagine is justifible if the negative scoring could be applied to any of the other employees.

mountainofdebt

keithrgj wrote: »

ANY VOLUNTEERS for redundancey, then the next stage is normally last in first out

Since when?

I thought last in first out went out (no pun intended) with age discrimination legislation

AP007

keithrgj wrote: »

i would be questioning this redundancy process of a points system.

if a company needs to make a staff member redundant through restructuring is to first ask the staff at risk

ANY VOLUNTEERS for redundancey, then the next stage is normally last in first out

not been last in first out for years

keithrgj

that explains it then, been made redundant after 20 years but asking who wants redundancy first is the logical option as it can seem discriminatory otherwise

if no takers on voluntary redundancy, then you do the consultation period