Redundancy Dismissal due to Health and Safety

Hello,

I am representing myself at a tribunal later in the year and I was wondering if someone could help me?

I believe I was dismissed by redundancy due to raising health and safety issues. Without getting into whether I will win my case or not does anybody know how I should be valuing my case?

At first I believed I could only be compensated for actual losses such as the basic award etc but as this is a health and safety case could I be entitled to compensation on top of this?

I have a feeling I have severely under valued my case?

Any advice welcome and thank you in advance.
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Comments

  • sangie595
    sangie595 Posts: 6,092 Forumite
    You don't want to get into it, but you'd like us to tell you if you will win and what you could claim? Really?
  • I'm not sure I understand what you have taken from my request for advice but I was looking for a short answer without getting into the details of my case.

    I am not asking if I will win, I think you have misunderstood my post.

    I am asking if I can only recuperate losses as it was a redundancy or whether I could also submit a compensation claim as I was dismissed due to raising health and safety concerns.

    Do you need to know the whole details of my case to determine if I can increase my remedy figure to include compensation or just losses incurred due to being unemployed?

    I was hoping to get some free advice due to me representing myself and not boring readers with the whole specifics to my case.
  • Comms69
    Comms69 Posts: 14,229
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    abcdef1234 wrote: »
    I'm not sure I understand what you have taken from my request for advice but I was looking for a short answer without getting into the details of my case.

    I am not asking if I will win, I think you have misunderstood my post.

    I am asking if I can only recuperate losses as it was a redundancy or whether I could also submit a compensation claim as I was dismissed due to raising health and safety concerns.

    Do you need to know the whole details of my case to determine if I can increase my remedy figure to include compensation or just losses incurred due to being unemployed?

    I was hoping to get some free advice due to me representing myself and not boring readers with the whole specifics to my case.
    No-one can know without more details, in particular in relation to length of employment and whether the dismissal could relate to a protected characteristic.


    Some basic details would help!


    If your previous employer hasn't offered to settle, I'd be concerned. Self representing is often a challenge in of itself, yet alone the actual case.
  • mariefab
    mariefab Posts: 320 Forumite
    The 2 reasons you give for your dismissal makes it difficult to help.
    A redundancy dismissal means that fewer employees were needed.
    Dismissal due to raising H&S issues would be automatically unfair, if proven, and may result in an additional award for injury to feelings.

    So, what happened? Did you raise a H&S issue and all of a sudden your role was declared to be redundant?
  • Comms69
    Comms69 Posts: 14,229
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    mariefab wrote: »
    The 2 reasons you give for your dismissal makes it difficult to help.
    A redundancy dismissal means that fewer employees were needed.
    Dismissal due to raising H&S issues would be automatically unfair, if proven, and may result in an additional award for injury to feelings.

    So, what happened? Did you raise a H&S issue and all of a sudden your role was declared to be redundant?



    Not necessarily fewer employees. In terms of redundancy the role, not the person, is redundant. They could recruit 200 other roles at the same time.


    Whistleblowing dismissal would not be 'automatically unfair', as the OP may have been there under two years and be dismissed for a different reason.
  • mariefab
    mariefab Posts: 320 Forumite
    An employee doesn't need two years service if dismissed for raising a H&S issue, whistleblowing, or any of the other dismissals in the 'automatically unfair' list.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Just because your score in a previous year was higher doesn't mean that a lower score at a later time is unfair. Things change, even if it is only that you are competing against a set of peers who also score well - those who didn't are already gone.

    What is your actual evidence that raising H&S concerns was the reason for the loss scoring?

    There is no award for injury to feelings in unfair dismissal.
  • mariefab
    mariefab Posts: 320 Forumite
    Sangie is right, (and I was wrong) there's no award for injury to feelings in unfair dismissals of this kind.
    Any potential award for injury to feelings would be for a detriment short of dismissal.

    In your case the detriment would be awarding you lower scores in the redundancy process on the grounds of your raising the H&S issues, if you can prove that was the reason.

    A very recent case establishes the potential for an injury to feelings award for Part V cases. In your case it would section 44 of Part V. https://www.legislation.gov.uk/ukpga/1996/18/section/44

    http://www.bailii.org/uk/cases/UKEAT/2018/0151_17_3001.html
  • Thank you so much.

    That's a lot to take in so I shall give it a good read later.
  • Comms69
    Comms69 Posts: 14,229
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    mariefab wrote: »
    An employee doesn't need two years service if dismissed for raising a H&S issue, whistleblowing, or any of the other dismissals in the 'automatically unfair' list.
    Indeed, but can he / she prove that the reason for dismissal was that and not any number of other reasons that it could be?
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