Employment Tribunal - Redundany Payment

[charitynjw]

Re: Employment Tribunal - Redundany Payment

Were you actually made redundant? (ie did the job which you were doing cease to exist?)
Or did the fixed term contract come to an end? (This would be classed as a dismissal, & could be 'fair')
It is worth noting that the hearing seems to be going forward on the 'redundancy' issue, for which there is a 6 month time limit - other heads of claim may be out of time.
When did the employment cease? & did you submit an official grievance?
Fixed term contract workers do have substantial rights:-

http://webarchive.nationalarchives.g...rs/DG_10027735

[Bigi]

Re: Employment Tribunal - Redundany Payment

The job I did for 2 years 3 months - contract came to an end and ceased to exist, which from my understanding should be classed as redundancy, I was put on redeployment (although there was no consultation).

The job for the final 6 months after that - the contract came to an end, the person who had taken a career break returned to the job.

I did submit a grieveance although after I had finished.

[charitynjw]

Re: Employment Tribunal - Redundany Payment

Stating the obvious, your ex-employer (or, more probably, their solicitors) say that it isn't a redundancy situation, but SOSR (some other substantial reason).
Tricky, because I would have thought that the ET will be reluctant to disbelieve them without (overwhelming) evidence to the contrary.
BTW, have you checked your household insurance for cover re employment legal advice?

[Bigi]

Re: Employment Tribunal - Redundany Payment

Yes, unfortunately I don't have cover for that.

SOSR is exactly what they are saying.

I don't fully understand all the legalities and technicalities of it all, my position is coming from a fairness point of view, if I hadn't done the last 6 month contract I should have got redundancy (which was never consulted for) but by doing the final 6 months I've lost that right, which to me doesn't seem fair.

[charitynjw]

Re: Employment Tribunal - Redundany Payment

Re the '6-month' contract, did your former employer advise you in writing of the terms of the 'new' contract, & the consequences when/if the other person returned to work?
Was the work (which you did during the 6 months) largely the same as the previous 2(ish) years?
Was the other person absent for health reasons (or maternity)?
& what exactly is the SOSR (You need to know in order to present your case properly)

[Bigi]

Re: Employment Tribunal - Redundany Payment

Thanks for all the help.

I need to have another look at the contract, can't remember off the top of my head, pretty sure there was nothing about consequences though.
I did exactly the same job.
The other person took a 6 month career break to go travelling.
I don't think they gave one, just said its not a redundancy your dismissal was for SOSR, again I'd need to check on stuff at home though.

[charitynjw]

Re: Employment Tribunal - Redundany Payment

Hi Bigi,
You need to find out what the SOSR is/are!
If I were you, I would contact the other party (email, or proof of postage - you want to keep a good paper-trail ), thanking them for the ACAS offer, but would they kindly disclose the SOSR in order for you to make an informed decision.
Meanwhile, have a read of the attached file.