ADVICE NEEDED PLEASE/ REDUNDANCY NOTICE PERIOD

krusty101

spitfire1964 said:

The appeal which was arranged by the employer has proceeded, and with no surprise the employer still feels the terminations of contract was handled correctly.
However prior to the Appeal Hearing proceeding I said if the Appeal proceeded, which it did, the Company would be putting me at an obvious disadvantage because (a) they had denied me any right i had a raise a grievance, and thereafter adduced the findings from the grievance on which I could rely on in an Appear Hearing (b) the Company at the time of Appeal had failed to give the needed answers that i had raised in regards to Consultation 3.
In a nutshell it is evidently clear that the Company on appeal only considered the evidence THEY felt was necessary to consider but at the same time knowing full well that they were quite deliberately withholding evidence that i could and should have been able to rely on that would show their actions in respect of making me redundant would not only undermine the decision to terminate my contract of employment, but it would also establish that on this occasion they are more than responsible as to unfairly dismissing me of which I am fairly confident an Employment Tribunal will also adjudged that as being the case, imo

It does sound like there have been procedural irregularities, but only a judge at ET can rule it unfair dismissal. And as quoted above, Polkey means that if they find that had the correct process been followed, you’d still have been made redundant, then compensation can be reduced accordingly. Good luck. 

getmore4less

You have never mentioned anything that would have not resulted in your job being redundant

Any reasons your job was not redundant or the selection process was flawed.?

Failing that any potentially suitable alternatives where you were not considered. 

By a 3rd meeting you should have consulted on the reasons they should be keeping you in the previous 2 what we're your reasons they should keep you? 

spitfire1964

Consultation 3 was flawed and for the reasons that I have already giving.
This continues to be the case as the questions I asked the Company in respect of Consultation 3 remain unanswered.
Am now in the process of sending a SAR under the Data Protection Act for the Company to disclose all data and evidence in relation to how they have made me redundant.
I would assume that under this Act the Company will be liable as to provide all the information in regards to the Redundancy and proof that they have not violated the process of Consultation, of which I believe is more likely than not as to establishing unfair dismissal.

getmore4less

A, SAR request is for data they hold on you.

You have said nothing to say the position you held should not have been redundant.

Or anything about potential suitable alternatives you could have been consider for.

spitfire1964

The main point and if I am likely to win at an Employment Tribunal would now be to concentrate on what could be strong points and in particular the way in which the Company have shown little if no respect in regards to the Consultation process which continues to be the case even today.
If I can prove this, and from what I now know the Tribunal could determine on this fact alone that the Company have unfairly sacked me.
Whilst I appreciate the Company were ultimately going to make me redundant, they were more than aware that they would be bound to make sure such process would need to be followed which was not.
There are other factors that more likely than not would show that the Company are wrong, which would also include my employment rights as an employee to not only raise a grievance but also be afforded the opportunity for this to be made at a meeting.