Compulsory redundancy- should I appeal?
CarlHerts
Posts: 7 Forumite
Hi,
I am unsure whether I should appeal my redundancy. I have 5 working days to do this under the company appeal procedure.
In brief, my work has been transferred to a team in a 'low cost location' (which I understand is a legitimate business reason) and as such I am being made redundant. 20 colleagues are affected so this is a collective redundancy. As far as I can tell, the consultation process was followed over the correct length of time. I received my final notification this week and my exit date is Monday. I have taken PILON and received notification of my redundancy pay. In theory, all above board and correct.
However, my problem is that I effectively knew I'd been made redundant before receiving any official notification. I noticed my workload had dried up as of January, and found out (from the source) that a 'low cost location' team had been doing my job since then. Two weeks after finding this out (an unpleasant time of 'knowing' I would be made redundant but hearing nothing official), I was invited to a meeting where my colleagues and I were told we were at risk. My colleagues perform a different role but within the same unit and so were included in the collective consultation. There was no selection pool as the work for all was being moved abroad.
This meeting was in the second week of March- the first 'official' notice that I was at risk. My letter said that collective consultation had begun with the employee representatives in the last week of February; the same date on which I was told by the employee in a 'low cost' location that he had been doing my job since January.
As I was told by this employee that the work had been transferred in January, but know that consultation with the employee representatives began in February, it seems to me that the consultation wasn't genuine, as the work had already been moved.
Do I have grounds to appeal on this procedural/timing aspect? I have no official proof that the work had moved in January except a copy of the email in which the employee confirmed his new work duties and that he had been performing it since January. Given that my workload dried up in that month, and there is no reason why he'd lie, it seems credible that the work was transferred before the company began any collective consultation proceedings with the employee reps. But unsure whether this appeal is likely to be successful or if I'm just clutching at straws.
Thanks for any advice.
I am unsure whether I should appeal my redundancy. I have 5 working days to do this under the company appeal procedure.
In brief, my work has been transferred to a team in a 'low cost location' (which I understand is a legitimate business reason) and as such I am being made redundant. 20 colleagues are affected so this is a collective redundancy. As far as I can tell, the consultation process was followed over the correct length of time. I received my final notification this week and my exit date is Monday. I have taken PILON and received notification of my redundancy pay. In theory, all above board and correct.
However, my problem is that I effectively knew I'd been made redundant before receiving any official notification. I noticed my workload had dried up as of January, and found out (from the source) that a 'low cost location' team had been doing my job since then. Two weeks after finding this out (an unpleasant time of 'knowing' I would be made redundant but hearing nothing official), I was invited to a meeting where my colleagues and I were told we were at risk. My colleagues perform a different role but within the same unit and so were included in the collective consultation. There was no selection pool as the work for all was being moved abroad.
This meeting was in the second week of March- the first 'official' notice that I was at risk. My letter said that collective consultation had begun with the employee representatives in the last week of February; the same date on which I was told by the employee in a 'low cost' location that he had been doing my job since January.
As I was told by this employee that the work had been transferred in January, but know that consultation with the employee representatives began in February, it seems to me that the consultation wasn't genuine, as the work had already been moved.
Do I have grounds to appeal on this procedural/timing aspect? I have no official proof that the work had moved in January except a copy of the email in which the employee confirmed his new work duties and that he had been performing it since January. Given that my workload dried up in that month, and there is no reason why he'd lie, it seems credible that the work was transferred before the company began any collective consultation proceedings with the employee reps. But unsure whether this appeal is likely to be successful or if I'm just clutching at straws.
Thanks for any advice.
0
Comments
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It sounds like they have moved the work to the low cost location on a trial basis initially and kept the local staff on until they were sure they wanted to make it a permanent arrangement. That seems sensible from their point of view.
If so, the decision was probably made in February, just before the consultation period began.
I'm not qualified to comment on the legal position but hope you and your colleagues find new jobs quickly. Maybe you could set up in competition to your old employer?!0 -
Thanks. My employer is a rather large multinational, so not likely, unfortunately.
Maybe to clarify a bit more, the work was organised on a regional basis. Asia, EMEA, Americas. I handled EMEA. But the guy in Asia told me that since January (i.e. when my work dried up) they had become a global team.
I'm genuinely not sure if I have a legitimate case for grievance. I'd have much preferred to have found out my work had been offshored from my management, rather than from one of my replacements. But not sure if legally I have any grounds to contest whether the consultation was genuine or not. Maybe I am just bitter about it. Have a few interviews lined up so fingers crossed.0 -
On the face of it, with the information provided it doesn't sound like your employer has done anything illegal.
Though the whole thing sounds a sneaky way of going about stuff that affects people's lives.
I often ask this question, are you a member of a trade union?Space available for rent0
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