OH made redundant after 17years - Need help on the process the company have used

musey

Thanks for the help guys.

The solicitor that we have been dealing with said that OH has to submit a claim to the tribunal before 29/09/08, OH's last working day was 30/05/08 but they paid his normal weekly wage until 30/06/08 and his P45 shows 30/06/08 as his leaving date.

We submitted an appeal against his redundancy on 5 grounds (don't want to post into open forum in case Big Brother is watching but will pm if someone will offer advice...........wow I've got paranoid). We have requested that the company use the modified procedure to deal with the appeal as OH is getting so stressed at the thought of a meeting with them as he is sure they will twist his words and confuse him. They have agreed to this in writing and have said they will respond to his appeal within 10 days of the manager dealing with his appeal returning from annual leave (11/08/08). Do they have to respond to each of his reasons for appeal?

Do we submit a claim using the same reasons we used to appeal? (that seems to be the sensible thing to do but never having done anything like this before I am a bit out of my depth)

musey

londondulwich wrote: »

Submit a claim to the employment tribunal as soon as possible. If things go wrong you can always withdraw it. You will only be penalised if the claim is frivolous, at the moment it doesn't seem that way.

The form can be submitted online via the Employment Tribunal web site. If you want help doing it, just ask.

When the company recieve notice of a claim they may well respond promptly with all the information you have requested.

If not here's a suggested letter you can send to the Tribunal dealing with your case. The Tribunal have the power to order the employer to disclose.






To: The Secretary of the Tribunals
Regional Office of the Employment Tribunals
(address?)


Dear Sir/Madam (Have you been allocated a chairman?)
Case No … (Name and number of case?)

I apply for an order under Rule 10 (1), (2)(b) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 Schedule 1 that the Respondent furnish us in writing with the following further information in respect of the Response.(The response is the defence put forward by the employer)


All the paragraphs to the employer's defence will be numbered, quote the paragraph you want further information on and what you want to know.

For instance,

Under paragraph 2 Of “the Applicant was selected for redundancy on fair criteria"
State with precise details all aspects of the applied criteria with all dates and circumstances relied upon.

Under paragraph 3 of “the Applicant was fully consulted throughout the redundancy procedure”
State with precise details the terms on which the consultation took place; whether the consultation was given orally or in writing; if orally the words used and who spoke the words; and if in writing identify all relevant document(s).

Under paragraph 4 of "after considering the results of the consultation the applicant was made redundant"
State with precise details how the responses to the consultation were obtained, recorded, reviewed and assessed and all relevant document(s).

( your Signature)

Your name

Thanks for that, I have saved it.

If they do provide the details we need presumabley then we can go back to the solicitors and get they involved again? If we do that and they decide we should have put something else on the claim can they add it etc?

musey

SuziQ wrote: »

It sounds like you are doing everything possible to chase this and that the solicitors are the ones who should be advising you. Do I take it your husband quickly found a different job then? If so and things start to get very stressful,I would advise you think long and hard how far you want to take this. I was involved in a court case a few years ago that broke me financlially and emotionally-if I could have my time over I would have walked away much earlier and gained peace of mind.I appreciate what they have done is wrong and that you are trying to right a wrong,but whether the end result will justify the effort and stres along the way you will only be able to judge in hindsight.
I wish you luck with your decision and case.

OH is now self employed and doing reasonabley well but we can't afford for him to take a day off as money is tight and we need to build on the customer's we've got.

Thanks for the good wishes

londondulwich

As you have been promised a reply, I would wait until 23 of August.
First class post is usually next day, so you give the documents requested and their response two days to arrive.

If the response you recieve is unsatisfactory, or unhelpful or there is no response by that date, submit the claim.

Otherwise it will seem aggressive and you will not be following procedure.

The part of the claim form which relates to why you are aggrieved should be set out in a story format. So you start with your husband being interviewed and invited to take up work and end with the response which you are waiting for.

If you want guidance on setting out the claim form you will need to post more details about your husband's employment. In the meantime wait for the response.

Remember, everything they do to avoid their obligations and mislead your husband will come back on them. So you should be hoping that this response is thoroughly high-handed, dismissive and glosses over the points you raised (and that no documents are sent). The worse they behave, the better for your husband.

musey

I feel sure they will behave in a disorganised and illogical fashion as that is how they normally behave. I will post back with any more info as it happens but will definitely be here after we receive their response.

musey

Just wanted to give a final update. After lots of hassle getting the legal protection people (via Home Insurance) to take us on we finally settled for an acceptable sum during the run up to the tribunal. OH is still doing quite well s/e and we're managing ok.

Thanks for the support we had. :beer:

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Glad to know it all worked out in the end