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I’ve recently been laid off after working at my company for four years. I had been signed off work for the past 3 months and 25 days due to mental health issues. The company cited restructuring as the reason for my redundancy, but others in my team are still employed and have not been affected. I’m aware of two other people in different departments who have also been laid off.
I had a meeting scheduled in my diary to catch up, and when I asked HR what it was about, they didn’t respond. When the meeting finally took place, I was informed that my role had been made redundant. There was no prior notice or consultation before this decision.
After the meeting, I received an email confirming my redundancy, which also mentioned that I could appeal. I haven’t sent an appeal email yet—should I be doing that as well?
Do I have a case for unfair dismissal?
From what I understand, redundancy while on long-term sick leave can be legal, but employers must follow a fair process—including consultation and considering alternatives before making a decision. I’m wondering if my dismissal was unfair, given:
• Lack of consultation – I wasn’t given any prior warning.
• Others in my team were retained – Redundancy should be based on fair selection criteria.
• I was on sick leave for mental health reasons – I’m concerned this may have been a factor in the decision.
• I have the option to appeal – Should I formally challenge the redundancy before taking further action?
Advice I’ve received so far:
1. Submit a Subject Access Request (SAR) – This will help gather all internal communications about my redundancy and health, including Slack messages. The request should be sent directly to the company’s data controller, not HR.
2. Contact ACAS – After submitting the SAR, initiate early conciliation with ACAS to explore a resolution.
3. Preserve Evidence – Ensure no emails, documents, or messages are deleted. HR may attempt to cover their tracks.
4. Draft an ET1 Form (Employment Tribunal Claim) – This should clearly outline my case (3-4 pages max). LegalBeagles has useful templates, but I’ve been advised to avoid Valla.
5. Be Careful About Mentioning Colleagues – If I know others who were retained, they could serve as witnesses later, but I shouldn’t disclose this information upfront.
6. Draft Any Communications Carefully – Ensure anything sent to my employer doesn’t leave loopholes they can use against me.
7. Consider Sending an Appeal Email – Since they mentioned the option to appeal, would it be beneficial to formally challenge the redundancy decision first, or should I proceed straight to legal action?
I’d really appreciate any insights from those with employment law experience or anyone who has been through a similar situation. Do I have grounds for unfair dismissal? Should I send an appeal before taking further action? What would you recommend as the next steps?
I had a meeting scheduled in my diary to catch up, and when I asked HR what it was about, they didn’t respond. When the meeting finally took place, I was informed that my role had been made redundant. There was no prior notice or consultation before this decision.
After the meeting, I received an email confirming my redundancy, which also mentioned that I could appeal. I haven’t sent an appeal email yet—should I be doing that as well?
Do I have a case for unfair dismissal?
From what I understand, redundancy while on long-term sick leave can be legal, but employers must follow a fair process—including consultation and considering alternatives before making a decision. I’m wondering if my dismissal was unfair, given:
• Lack of consultation – I wasn’t given any prior warning.
• Others in my team were retained – Redundancy should be based on fair selection criteria.
• I was on sick leave for mental health reasons – I’m concerned this may have been a factor in the decision.
• I have the option to appeal – Should I formally challenge the redundancy before taking further action?
Advice I’ve received so far:
1. Submit a Subject Access Request (SAR) – This will help gather all internal communications about my redundancy and health, including Slack messages. The request should be sent directly to the company’s data controller, not HR.
2. Contact ACAS – After submitting the SAR, initiate early conciliation with ACAS to explore a resolution.
3. Preserve Evidence – Ensure no emails, documents, or messages are deleted. HR may attempt to cover their tracks.
4. Draft an ET1 Form (Employment Tribunal Claim) – This should clearly outline my case (3-4 pages max). LegalBeagles has useful templates, but I’ve been advised to avoid Valla.
5. Be Careful About Mentioning Colleagues – If I know others who were retained, they could serve as witnesses later, but I shouldn’t disclose this information upfront.
6. Draft Any Communications Carefully – Ensure anything sent to my employer doesn’t leave loopholes they can use against me.
7. Consider Sending an Appeal Email – Since they mentioned the option to appeal, would it be beneficial to formally challenge the redundancy decision first, or should I proceed straight to legal action?
I’d really appreciate any insights from those with employment law experience or anyone who has been through a similar situation. Do I have grounds for unfair dismissal? Should I send an appeal before taking further action? What would you recommend as the next steps?
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