Redundancy, Tribunal Process

[CheeseNChive]

Good Morning!

I was made redundant last week and have been in touch with ACAS, I will likely be taking things further now my employment has ended.

I have made them aware that I am unhappy and do not feel my redundancy is justified.

- They did not follow the correct redundancy process
- I believe my job role is continuing and my redundancy isn't justified
- I was not given the right to appeal my redundancy

I have been advised by a friend that now my employment has finished, I should email them to advise in advance I will be taking them to a tribunal, giving them 5 days notice that I wish to do so.

Is this a necessary/recommended step?

As yet I haven't sought legal advice & I am hoping to fill in the initial forms myself,is there any advice that someone can offer on these?

Thanks!

CC

[ULA]

When you made your company aware you were unhappy waa this in the form of an appeal against the redundancy or aa a grievance. If so was there with an appeal or grievance hearing? I juat want to make sure you completed or were not able to sue to the company's conduct all internal processes.

[CheeseNChive]

Hi

I emailed them a grievance but they basically brushed this off, responded to a couple of points and ignored the rest.

I was not given the right to appeal my redundancy, I have asked why this was, how I can appeal and for a copy of their redundancy process but these questions have also been ignored.

Thanks!

[ULA]

I presume that you have all of this documented so that you can prove that you tried to exhaust the internal procedure but was not allowed to by the company.

I do not think that having the actions you have taken to exhaust the internal process that you need to let them know that you are considering an employment tribunal (ET) claim. If the process has not been carried out in a fair manner and with adequate consultation and there is a possibility of your position not actually being redundant then there is potential for an unfair dismissal claim.

[CheeseNChive]

Thank you. With regards to not feeling like my job has been made redundant, I'd love some advice!

I did Job Role A for 2 years... earlier this year I handed in my notice due to relocating... before I left they offered me Job Role B (lower salary) working from home, so I retracted my notice and accepted.

I had a new contract and started training but 8 days later they said Department B was closing and could I help doing Job Role A as they were really behind.

I did this for 12 weeks before they filed redundancy notice as Job Role B was finishing. I asked to carry on Job Role A long term from home but they told me no.

I did Job Role A Role 15 weeks from home. Department A have 2 new fulltime members of staff and 5 temp staff all taken on since I was given redundancy notice.

I feel that as I have never really done Job Role B despite my contract saying Job Role B, its unfair to make me redundant as I've mostly done Job Role A, and that is definitely continuing.

I hope that makes sense, any thoughts would be appreciated!

CC

[ULA]

I presume you handed in your notice from job A because you were relocating and that role B you could do from your new location by working at home?

What is the situation with regard to job A and location? You resigned because you could not do this job as you were moving are you saying that you could actually do this job from home regardless of location? If so have you spoken to your manager about this as an option?

[CheeseNChive]

That's correct. Role B had 2 people working from home already and I became the 3rd....

Role A doesn't have anyone working from home, although I did it temporarily from home for 15 weeks before redundancy. They have told me it is not an option to do it from home, but have not given a reason why or really had any discussion about it, just a straight up no.

I have mentioned to them I've done Role A from home for a number of months, my work levels have not decreased nor has the type of work I do changed but they simply ignored this and said it was not an option.

[AM43]

Cheesenchive - I read this article online which helped me understand my situation abit more... https://www.monacosolicitors.co.uk/r...dundancy-fair/

[CheeseNChive]

I have been asked by a separate department if I would return to the business in a different role, on a self employed basis. It would be employed by a subsidiary of the business rather than the main company itself.

Could someonee advise if accepting this will affect any action I wish to take following the redundancy which I feel is unfair?

Would it be looked upon badly if I turned down the role or does it not affect it?

Thanks!

[ULA]

I am a bit unclear as to the offer you have been given by the other department you state it is on a self-employed basis but that you would be employed by a subsidiary of the business?

If you are being offered a self-employed position you cannot be employed by the subsidiary. You can only be self-employed or employed and both have different status in reference to, control over the work you do, availability for work, benefits and payment of tax and NI.

Determining the status of the job is important to be able to provide and answer to your further questions in #9

[CheeseNChive]

Apologies for my poor wording

I'll be working self employed carrying out work for one of the regional managers. He is also self employed carrying out work for the main company that I was employed by before being made redundant.

[ULA]

The role is not one where you are directly employed by the company and therefore cannot be considered a suitable alternative position. Therefore if you turned the job down there would be no effect on the redundancy process.

[CheeseNChive]

Thank you!

If I were to accept it, would that effect any tribunal decision? I started the early conciliation process with ACAS yesterday.

Thanks for all of your help!

[ULA]

I cannot see now it would effect any tribunal decision as this would be based on the relevant interpretation of the law and the evidence from both parties regarding the redundancy process.

My only other thought is how removed from the company you are making the claim against is the subsidiary from which you may be getting work on a self-employed basis? Just need to safeguard that you would not get "black-listed" from being offered work - sorry know this may be an extreme point but one worth bringing to your attention.

[CheeseNChive]

That's all really helpful - thank you!