Suitable alternative appeal

Confused124

I have been told I'm going to be made redundant at the end of the year and given the letter today. No suitable alternative offered to me. I think there is a role that's suitable, they made me apply for it and I had an interview but they said I did not get the job as not good enough, but I'm not happy with their reasons as they are saying I can't do things that I know I can or I can learn.

I have been told this could be unfair but I wondered what happens if I appeal and they say "we made a mistake, you can have the job" because I don't believe it was a mistake I think it was done on purpose to get rid of me but I can not prove this.

I would not be able to go back to work in the team as I could not work with the bosses now I know they tried to get rid of me. So could I be forced to take it and then forfeit any redundancy payment?

Hypothetically what if it was proven in my appeal that the reason for not giving me the job was unfair what are the options then?

Confused124

Also my notice in my contract is 4 weeks but they have said they want to keep me until the end of the year. If I asked for PILON would it just be the 4 weeks? Can they refuse to give me PILON?

getmore4less

If you appeal successfully that it is a suitable alternative then no redundancy.

They can refuse PILON

have they put you on notice to terminate the contract?

until they do you still have a job and even when they do they can withdraw the redundancy up to the last day.

How long have you worked there?

Confused124

Thanks for reply.
I have worked there 4 years

I have a letter saying my role is redundant my notice period is 4 weeks but my end date will be end of the year.
I have in writing the reasons for not getting the new role.

At this point potentially have they done anything wrong? Could it be unfair dismissal or would that not be the case until after the year when I have actually been dismissed?

So I was planning to appeal but worried they will say ok you have the role as don't see how I could work in the same structure knowing that it could happen again (they have a history of getting rid of people or paying them off). I want to work there but don't see how I could under those circumstances as I would be thinking they will try to do it again

Also confused as to we have a redundancy appeal process and a grievance process. Do I put the redundancy appeal in and also raise a grievance for the wider issues I have or do them both at the same time (there would be overlap with both complaints)

Thanks

sangie595

Confused124 wrote: »

I have been told I'm going to be made redundant at the end of the year and given the letter today. No suitable alternative offered to me. I think there is a role that's suitable, they made me apply for it and I had an interview but they said I did not get the job as not good enough, but I'm not happy with their reasons as they are saying I can't do things that I know I can or I can learn.

I have been told this could be unfair but I wondered what happens if I appeal and they say "we made a mistake, you can have the job" because I don't believe it was a mistake I think it was done on purpose to get rid of me but I can not prove this.

I would not be able to go back to work in the team as I could not work with the bosses now I know they tried to get rid of me. So could I be forced to take it and then forfeit any redundancy payment?

Hypothetically what if it was proven in my appeal that the reason for not giving me the job was unfair what are the options then?

There cannot be an unfair dismissal until such time as you have been dismissed. And if you cannot prove anything unfair then you are going to struggle to claim unfair dismissal!

I think you may have misunderstood the process here. The purpose of the interview was to assess your existing skills against a job that may have been suitable. If you could have learned something, then you didn't already have it - and the requirement for the job was to have it. Similarly, what you know you can do -or even what they know you can do in another way - is not relevant. If you don't prove it at interview then it isn't proven and you don't get the job.

If you do not want to work there, then you should not appeal. If you appeal and win, then you will have to work there. You cannot have it both ways.

Frankly, I do not see anything here that suggests unfair dismissal. If you cannot prove anything, and you do not know for a fact that there is some conspiracy to get rid of you, then there is nothing to base your claim on. The law will not operate on feelings you have, or claims of some form of "history" - every employer has a history of getting rid of people, but that does not mean that those people should not have been "got rid of", and you have only one side of the story to base your supposition on.

getmore4less

A lot can change by the end of the year and they can change their mind at any time.

I would keep your distrust to yourself

Might be a good idea to keep any job hunting very quiet it is not unknown for companies to suddenly find they don't need to make you redundant after all when they get wind you have a job to go to and will probably take it.