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Unfairly selected for redundancy

14 replies 3.6K views
Loveworking1999Loveworking1999
3 posts
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I’ve been selected to be made redundant from a job/role I’ve been doing at the same place for 20 years. There are new guys they’ve taken on in the last 2 years, with fewer qualifications and much less experience than me who are staying. I believe it’s because I do not get on with a senior manager in our area, then is no other reason. All my appraisals have been great, never been disciplined for anything, never late, very few days off sick (apart from an operation last year). I also trained many of the new starters, and am multi skilled in more than one area, I’m almost one of the longest serving employees in our department.

I’m going to appeal it, but the union is non existent in our company so don’t hold out any hope of it being overturned.

What are my next steps, and who should I speak to please?
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Replies

  • elsienelsien
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    Are you in a union, regardless of whether your company recognises them? If so, contact them.
    How many people are being made redundant?
    What are the selection criteria?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • I’m in a union so shall contact them to speak to their solicitors.

    Approximately 35 are being made redundant but a very high percentage of those are voluntary, a lot of staff who are in their 60’s who’ve worked there for 35+ years

    There was a scoring system/selection criteria but we never saw it
  • elsienelsien
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    You need to find out what the selection criteria are. You don't have the right to see other people's scores, but you can't appeal that tbe selection process is unfair if you've no idea what they've based it on. Was this not discussed on the consultation?

    https://www.google.co.uk/amp/s/www.moneyadviceservice.org.uk/en/articles/your-legal-rights-when-facing-redundancy/amp
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Ok I will find out next week the selection criteria and let you know elsien

    Whatever it was, surely I’ve been unfairly scored if I’ve been selected to go over employees with less than 2 years experience? I’ve never been spoken to in any way about my attendance, performance or attitude. I turn up, get the job done and go home. I’m also hugely flexible when it comes to changing my working hours or providing cover across shifts to cover sickness and holidays
  • You need to find out what the criteria were before you start constructing an argument. Just because someone has been there less than two years isn't a good reason to make them redundant instead of you; and there could be very strong arguments for retaining staff with less service that you. Simply using "first in, last out" is highly risky for an employer - your length of service should not matter. So you need to find out why you scored poorly.
  • edited 23 November 2019 at 1:35PM
    elsienelsien
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    edited 23 November 2019 at 1:35PM
    You can't say you've been unfairly scored without knowing how they've done it. Length of service can be lawful in some circumstances if it doesn't then unfairly indirectly discriminate on the grounds of age (for example.)
    You might want to repost this on the employment subforum here - it gets more views than the redundancy one.

    You didn't answer the question about the consultation- they have done a proper consultation process?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • UndervaluedUndervalued
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    Ok I will find out next week the selection criteria and let you know elsien

    Whatever it was, surely I’ve been unfairly scored if I’ve been selected to go over employees with less than 2 years experience? I’ve never been spoken to in any way about my attendance, performance or attitude. I turn up, get the job done and go home. I’m also hugely flexible when it comes to changing my working hours or providing cover across shifts to cover sickness and holidays

    If an employee has less than two years service the employer could simply dismiss them as they have no protection against unfair dismissal or any entitlement to redundancy. This would be a normal first move with zero cost for any employer seeing to reduce the workforce.
  • getmore4lessgetmore4less
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    If an employee has less than two years service the employer could simply dismiss them as they have no protection against unfair dismissal or any entitlement to redundancy. This would be a normal first move with zero cost for any employer seeing to reduce the workforce.

    Not when there are other factors like skill mix and costs.

    Can be cheaper to get rid of the overpaid long term employee.
  • Not when there are other factors like skill mix and costs.

    Can be cheaper to get rid of the overpaid long term employee.

    Getting rid of longer term employees could be seen as indirect age discrimination, the company would then have to state a legitimate aim for this pcp, cost saving alone would be unlikely to be enough. So many employers fall foul of this..
  • To the Op - Been made redundant a few times; so take the package and move on - why would you stay in a toxic workplace that don't want you
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