Unfairly selected for redundancy

Loveworking1999 · 23 November 2019 at 1:44PM

I’ve been selected to be made redundant from a job/role I’ve been doing at the same place for 20 years. There are new guys they’ve taken on in the last 2 years, with fewer qualifications and much less experience than me who are staying. I believe it’s because I do not get on with a senior manager in our area, then is no other reason. All my appraisals have been great, never been disciplined for anything, never late, very few days off sick (apart from an operation last year). I also trained many of the new starters, and am multi skilled in more than one area, I’m almost one of the longest serving employees in our department.

I’m going to appeal it, but the union is non existent in our company so don’t hold out any hope of it being overturned.

What are my next steps, and who should I speak to please?

elsien · 23 November 2019 at 1:46PM

Are you in a union, regardless of whether your company recognises them? If so, contact them.
How many people are being made redundant?
What are the selection criteria?

Loveworking1999 · 23 November 2019 at 1:57PM

I’m in a union so shall contact them to speak to their solicitors.

Approximately 35 are being made redundant but a very high percentage of those are voluntary, a lot of staff who are in their 60’s who’ve worked there for 35+ years

There was a scoring system/selection criteria but we never saw it

elsien · 23 November 2019 at 2:07PM

You need to find out what the selection criteria are. You don't have the right to see other people's scores, but you can't appeal that tbe selection process is unfair if you've no idea what they've based it on. Was this not discussed on the consultation?

https://www.google.co.uk/amp/s/www.moneyadviceservice.org.uk/en/articles/your-legal-rights-when-facing-redundancy/amp

Loveworking1999 · 23 November 2019 at 2:12PM

Ok I will find out next week the selection criteria and let you know elsien

Whatever it was, surely I’ve been unfairly scored if I’ve been selected to go over employees with less than 2 years experience? I’ve never been spoken to in any way about my attendance, performance or attitude. I turn up, get the job done and go home. I’m also hugely flexible when it comes to changing my working hours or providing cover across shifts to cover sickness and holidays

Blatchford · 23 November 2019 at 2:32PM

You need to find out what the criteria were before you start constructing an argument. Just because someone has been there less than two years isn't a good reason to make them redundant instead of you; and there could be very strong arguments for retaining staff with less service that you. Simply using "first in, last out" is highly risky for an employer - your length of service should not matter. So you need to find out why you scored poorly.

elsien · 23 November 2019 at 2:33PM

You can't say you've been unfairly scored without knowing how they've done it. Length of service can be lawful in some circumstances if it doesn't then unfairly indirectly discriminate on the grounds of age (for example.)
You might want to repost this on the employment subforum here - it gets more views than the redundancy one.

You didn't answer the question about the consultation- they have done a proper consultation process?

Undervalued · 23 November 2019 at 4:11PM

Loveworking1999 wrote: »

Ok I will find out next week the selection criteria and let you know elsien

Whatever it was, surely I’ve been unfairly scored if I’ve been selected to go over employees with less than 2 years experience? I’ve never been spoken to in any way about my attendance, performance or attitude. I turn up, get the job done and go home. I’m also hugely flexible when it comes to changing my working hours or providing cover across shifts to cover sickness and holidays

If an employee has less than two years service the employer could simply dismiss them as they have no protection against unfair dismissal or any entitlement to redundancy. This would be a normal first move with zero cost for any employer seeing to reduce the workforce.

getmore4less · 23 November 2019 at 4:54PM

Undervalued wrote: »

If an employee has less than two years service the employer could simply dismiss them as they have no protection against unfair dismissal or any entitlement to redundancy. This would be a normal first move with zero cost for any employer seeing to reduce the workforce.

Not when there are other factors like skill mix and costs.

Can be cheaper to get rid of the overpaid long term employee.

buggy_boy · 3 December 2019 at 3:42AM

getmore4less wrote: »

Not when there are other factors like skill mix and costs.

Can be cheaper to get rid of the overpaid long term employee.

Getting rid of longer term employees could be seen as indirect age discrimination, the company would then have to state a legitimate aim for this pcp, cost saving alone would be unlikely to be enough. So many employers fall foul of this..

happyc84 · 11 December 2019 at 7:19PM

To the Op - Been made redundant a few times; so take the package and move on - why would you stay in a toxic workplace that don't want you

Unfairly selected for redundancy

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