Unfair dismissal/discrimination?

Steph15

Hi

I'm seeking some advice on a situation I find myself in.

My job and those with the same job title are going through the redundancy process. One of us has to go. No-one wanted to volunteer so it's now become compulsory.
We have been subjected to a set of selection criteria. I have been selected as the one to go. I have been given my scores and I strongly disagree with one of the scores. I know that I can appeal but would I have a case? Here's the detail, what do you think?:

The score related to Flexibility and attitude. They acknowledged that I am flexible and willing to help but they scored me down claiming that I was disruptive and challenge things inappropriately and so claimed I had an inappropriate attitude. However, I have never been warned or counselled on any aspect of my behavior/attitude, I have not faced any sort of disciplinary in that regard. It seems that I have been singled out because I am not popular. Is it permissible that I should be ousted because of the personal opinion of the panel?

Your replies gratefully received.

Thanks

sangie595

It isn't the personal opinion of the panel. It's the professional opinion of the panel. Just because you haven't been warned or disciplined does not mean it isn't true. And frankly, if this is what they think of you, no appeal is going to change that opinion. Although there is no reason in that not to appeal and try - if you genuinely wish to continue working in a place that does not value you and where you are obviously not wanted.

What is more critical is whether you have a case that would convince a tribunal. And the answer to that is almost certainly not. Your attitude in work is certainly a fair criteria, and a tribunal will not overrule an employers assessment on such a matter. It's a business decision whether attitude is important to the conduct off the business.

There is no discrimination here.

London50

It is neither unfair or discrimination and it does not mean that you need to be "pulled up" or be formally/informally warned regarding attitude.
Workers can be watched and over a period of time assessed as to reactions {good or bad} and an opinion is formed.
You could try and appeal the scores but I would think the choice has now been made nd there is very little chance that there would be a change in your position within the company.
I am sorry that you are now on redundancy notice but the best I can see for you is to start looking for new employment as soon as possible.

ThemeOne

Realistically, I imagine the person selected to go was never going to get perfect scores.

getmore4less

I was disruptive and challenge things inappropriately

fairly standard selection criteria all things being equal get rid of the PITA.

if your disruptive behavior is impacting productivity of others removing you from the workplace may result in a smallest impact on capacity.

Steph15

Thanks for your replies.

A few more questions if I could:

How do you assess attitude? It seems a very personal thing?

How can people who have not worked directly with me score my attitude to work? Those that I understand to have been on the panel have either never worked with me, haven't worked with me for 10+ years. My line manager was in the early meetings (he's always said he's happy with me and my work and told me he'd fight to keep me) but then the later meetings involved mangers directly related to the others but not me were present. Does this seem like a fair process?

Tahlullah

You are in a conundrum and I understand your desire to try and understand what you believe to be an unfair process.

But the more you argue and challenge the decision, the more you will prove to management that their belief about you was correct and they made the right choice.

They claim you challenge things inappropriately. If you do this, they may look and say 'Look, she is doing it again'.

I agree with the other posters who are suggesting you use your time productively by searching for alternative work.

Good luck.

ThemeOne

Steph15 wrote: »

How do you assess attitude? It seems a very personal thing?

Of course it's a personal thing. I know sangie says in this case it's a professional opinion, which it has to be because of the context in which it is given - but it doesn't stop it being based on personal opinion.

Plus as I said before no manager is going to select someone for redundancy and then make out they were the perfect employee.

Not sure you have anywhere to go with this, to be honest. What kind of redundancy payout will you be getting?

Steph15

I was disruptive and challenge things inappropriately
”fairly standard selection criteria all things being equal get rid of the PITA.

if your disruptive behavior is impacting productivity of others removing you from the workplace may result in a smallest impact on capacity

That really doesn't apply to me. I work as an R&D assistant. The role is to manufacture things as directed by my line manager. I work alone because I'm capable of doing the job without assistance so they have taken advantage of that fact and never recruited another to the team . The others that were under consideration work in a different group (same role/job title) where I have also worked but under different management at the time. Incidentally, with the exception of one all the others are still being trained and are not currently able to do all the jobs that the role requires. I on the other hand have that experience - so all other things are definitely not equal (or shouldn't be if it was scored based on actually fact). Only one of them can do some of the job that I currently do but I can do and have done all the jobs they do.

lincroft1710

Reading all your posts suggests that for some reason management want to get rid of you. It may be because they can employ someone else for far less money, or your face no longer fits, or in their eyes you are disruptive (but you may not be able to realise that you are disruptive).

Do you really want to work for a company that no longer respects or wants you?

getmore4less

how are disruptive and what do you question unreasonably?

You don't seem to disagree with this just they never brought it up.


It could be that your manager is just not batting for you as much as they make out as they are lower in the pecking order.