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Is this fair

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  • eamon
    eamon Posts: 2,321 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    You are the highest paid employee that I suspect is the reason. So they confect a scenario of redundancies to objectify their decision instead of being truthful. It stinks but there is little that you can do.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    java24 said:
    ...
    How is length of service based on 8-10 years when the company has only been in operation 6? 
    ...
    I had over 15 years service with a company in existence for less than 10,  they bought out my previous company, same could apply to anyone that joined through a TUPE.
  • superbigal
    superbigal Posts: 619 Forumite
    Part of the Furniture 500 Posts
    Unfortunately fighting the inevitable usually as pointed out can only hurt you further. You often does have to take these things on the chin. They want you out they will get you out.
  • Al_Ross
    Al_Ross Posts: 976 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    I am in the same boat,one of the higher earners,15 years service,but length of service is not on their pointing system.
  • avawat20
    avawat20 Posts: 159 Forumite
    100 Posts Second Anniversary Name Dropper
    edited 27 September 2020 at 8:06PM
    Generally seems fair, in terms of sickness it does not seem to be linked to a disability (unless you have an underlying health condition that may easily cause broken wrists?!). However I would challenge the attitude and flexibility - we don't know your reasons for not being flexible but if this is say because of child care or caring of a disabled relative (including child), child care in itself is not a protected characteristic however there may be a claim for sex discrimination as women are more likely than men to be carers for children and disabled relatives, may also be claim for discrimination (by association) if it is because of caring for a disabled relative. 

    Regardless of any disability/caring responsibilities and any potential discrimination, I would be questioning why no performance management actions or processes have taken place, they cannot spring this on you for the first time in this process without having addressed it with you previously.

    I suggest you seek guidance from ACAS or citizens advice!
  • Comms69 said:
    java24 said:
    I’m not assuming

    The acas process online states it has to be fair, they should consult with everyone and agree selection criteria - did not happen
    it also states criteria should be objectively based and not based on opinion

    there does an employer have to prove how they have objectively decided these factors? Ie you can rate someone a zero for attitude but you’ve never had a problem with it before? In 5 years of service with excellent appraisals, bonuses, no disciplinaries, text messages from the manager saying they don’t want to lose you and I’m the highest paid employee for a reason? But yet they don’t hVe to justify the zero score?


    ACAS is not the law. There is no need for an employer to ask you how you think you should be scored. 
    Opinion is perfectly valid, your appraisal is opinion, your interview is opinion. 

    You dont like the scoring, that is not the same as it being legally unfair. 

    Here's what will happen - you will still lose your job, but also lose a good reference and maybe even a decent severence package, because you think something is unfair. 
    Employment tribunals will take into account if ACAS guidance has been followed and will add more to compensation if it has not so although not law, it is pretty important!
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