Opinion on tribunal case.

Undervalued

oh_really said:

Job isn't unique. The others doing the same job hold a qualification this person doesn't (the qualification is for a different area of work , its a technical qual).

I suppose, under some limited circumstances, that could be a reason for redundancy. If, for example, the firm being able to say "all work is undertaken by specially qualified staff" brought in more clients or led to higher fees? But it is a bit of a stretch!

oh_really

That's fine, I'm just throwing it out there before investing too much time with poor prospects.
As I said, I'm close to the situation and find impartiality difficult.

jonnygee2

Job isn't unique. The others doing the same job hold a qualification this person doesn't (the qualification is for a different area of work , its a technical qual).

Hmmm. But you believe that the 'real' selection criteria was this disability? And not the qualification issue?

If so, I guess the question is, do you have evidence of this? They clearly have evidence of him not having a qualification everyone else has, and if this is the real reason then it is not discriminatory on the basis of anything protected. Your job would (I think) be to show that this was never the actual selection criteria. 

oh_really

He is qualified and certified to do the job. The others hold a qualification for a different area of the business. I need to be mindful of post content and therefore cant go into specific detail but happy to do so if I can.

Brynsam

oh_really said:

Not a new user, got lost in the update, had to created new acct.

Relative with 9 years continuous employment was made redundant few weeks ago - only individual made redundant from around 10, he is disabled has blue badge and was in receipt of DLA/ PIP & IIDB. His attendance has been near perfect.

Few months previous to this he was invited to undertake an occupational health assessment, this was conducted over telephone.and had the appearance of being off a script (only individual known of from employer to be assessed).Following assessment there was no contact from provider.Report was sent to employer and he was copied in. Report stated to employer this individual was not disabled in the opinion of assessor (assessor failed to ask right questions).

Outsiders thoughts appreciated on whether to go to trib, aware of ticking clock I'm happy to support and attend but need thoughts of individuals not close.

I can construct a case on the following: Disability discrimination & possible unfair dismissal.

Edit:some content removed.

I'm not sure why you want comments here, when you've given so little information to go on. I understand your reluctance to put too much on a public forum (very wise), but it means there is nothing much for anyone to consider. What does the individual concerned think about going to a tribunal? It's his life, his job and his decision, after all. The major questions, as always, are: what outcome does he want? and would going to a tribunal have an adverse impact on future employment prospects, whatever the outcome?

oh_really

Brynsam sai

I'm not sure why you want comments here, when you've given so little information to go on. I understand your reluctance to put too much on a public forum (very wise), but it means there is nothing much for anyone to consider. What does the individual concerned think about going to a tribunal? It's his life, his job and his decision, after all. The major questions, as always, are: what outcome does he want? and would going to a tribunal have an adverse impact on future employment prospects, whatever the outcome?

The individual isn't motivated by revenge, he simply feels his job (which he generally enjoyed) has been taken away from him and to do so his employer has constructed a scenario to enable his exit out the door on a false pretext (redundancy). He wants the employer to be accountable for the manner of his exit.

The impact on future employment is partly why I've sought impartial thoughts. A reference will most certainly be out the window and if he isn't going to work anytime soon due to current conditions then a trib outcome may mitigate that somewhat.

Let me be clear, no-one is spoiling for a fight here, simply exploring options.

jonnygee2

He is qualified and certified to do the job. The others hold a qualification for a different area of the business.

I don't think this is necessarily that relevant and it doesn't answer the question.

Businesses are free to set the criteria for redundancy so long as they don't discriminate based on protected characteristics. The tribunal isn't going to try and decide whether the criteria are good ones for the business or not.

Hard to comment further without know the situation. But, I would say, if you want to show that the person was selected for redundancy because of their disability, then you will need to consider what evidence you have for that.

nicechap

Without knowing the industry, company etc, my first thoughts are, was the redundancy process fair?  So was it announced, union involved, consultations undertaken, scoring matrix constructed before any application of the matrix, was there an appeal process, were any jobs left unfilled etc etc. If this was a genuine redundancy then there should be no fear of a bad reference unless something else has happened you and we are not privy - so was it a redundancy or a settlement agreement?

Does you friend have any evidence of unfairness, like emails targeting or naming them for sacking/ removal? Has your friend considered a SAR for any and everything with his name on? 

And as others have said, just because someone is disabled, doesn't mean they can't be made redundant, but if the criteria are objectively discriminatory then it might be challengable.

oh_really

There didn't appear to be any redundancy process, he was, I believe, simply singled out due to perceived complications in the future that the employer couldn't be @rsed having to deal with. given the small size of the business. There were no emails, any communication would likely have been confined to verbal chats, nothing documented. SAR, imo, would be unlikely to bear fruit.

Undervalued

nicechap said:

Without knowing the industry, company etc, my first thoughts are, was the redundancy process fair?  So was it announced, union involved, consultations undertaken, scoring matrix constructed before any application of the matrix, was there an appeal process, were any jobs left unfilled etc etc. If this was a genuine redundancy then there should be no fear of a bad reference unless something else has happened you and we are not privy - so was it a redundancy or a settlement agreement?

Does you friend have any evidence of unfairness, like emails targeting or naming them for sacking/ removal? Has your friend considered a SAR for any and everything with his name on? 

And as others have said, just because someone is disabled, doesn't mean they can't be made redundant, but if the criteria are objectively discriminatory then it might be challengable.

Well if it was a settlement agreement then all this is academic as s/he will have signed away (almost) every possible claim.