Unfair dismissal?

[UB40]

Hi new to this forum and need some advice.

1. Worked for the company for 3 days short of 2 years.
2. Called to head office and told 2 of us were being made redundant and given 1 weeks notice on the same day.
3. Offered redeployment a long way from home.

Should we have had some sort of consultation regarding redundancy prior to being given our notice?
The reason for redundancy was given as our branch, just the two us, was no longer financially viable. We have since found out that the company has moved 2 employees from head office into a close by location, paying hotel fees, to basically do our work. They have also employed further people at a newly formed branch which was never offered to us in the redeployment option. This all took place virtually as we left.

Have I been made redundant or unfairly dismissed?

Thanks for any advice given

UB40

[FlamingParrot]

Re: Unfair dismissal?

Hi new to this forum and need some advice.

Hi and welcome to LB!

1. Worked for the company for 3 days short of 2 years.

The minimum employment period to qualify for both redundancy and unfair dismissal is two years. The fact that they have decided to do this just three days after the qualifying period is highly suspicious.

2. Called to head office and told 2 of us were being made redundant and given 1 weeks notice on the same day.
3. Offered redeployment a long way from home.

What's the notice period stipulated in your contract? The most usual period is 4 weeks (or one month). A week usually applies just during the probationary period. When a business goes into liquidation, notice is assessed as a week per year of employment, capped at 12 years, but if the business is still trading and just cutting staff, the contractual period would still apply.

Should we have had some sort of consultation regarding redundancy prior to being given our notice?

Consultation only applies when an employer proposes to make 20 or more employees redundant at one establishment over a period of 90 days or less. See this for reference: http://www.acas.org.uk/index.aspx?articleid=4256

The reason for redundancy was given as our branch, just the two us, was no longer financially viable. We have since found out that the company has moved 2 employees from head office into a close by location, paying hotel fees, to basically do our work. They have also employed further people at a newly formed branch which was never offered to us in the redeployment option. This all took place virtually as we left.

Have I been made redundant or unfairly dismissed?

I'm not an employment lawyer but, given the above, I'd say you've been unfairly dismissed. The criteria for redundancy is that is is the position, not the individual, that gets made redundant, that means they can't just hire others to do your job. Businesses will often argue that "the role has changed" to get around this, but that doesn't seem to apply here. The fact that they've done this just a few days before your two years should also work against them.

https://www.gov.uk/redundant-your-rights/overview

MSE also has a useful guide: http://www.moneysavingexpert.com/family/redundancy-help

[charitynjw]

Re: Unfair dismissal?

Hi UB40, & welcome to Legal Beagles.

As you started 2 years ago, the qualifying period for you for full employment rights should only be 1 year.

[FlamingParrot]

Re: Unfair dismissal?

Hi UB40, & welcome to Legal Beagles.

As you started 2 years ago, the qualifying period for you for full employment rights should only be 1 year.

Good point! I'd forgotten it was only April 2012 when the new rules started. Redundancy entitlement would still be two years, and it's very cheeky of the employer to do it just 3 days before, I've heard in cases like that, the ET may well find against them.

[UB40]

Re: Unfair dismissal?

Hi Thanks for the advice on this, As regards evidence for ET hearings can my ex employer be compelled to provide information? He inadvertently included me in an e mail to all branches regarding a team meeting. It was when I received this I realised about the new positions but is this e mail acceptable as 'evidence'. Ex work colleagues have told me what is happening but they probably won't want to attend a hearing for fear of reprisals.
Thanks

UB40

[charitynjw]

Re: Unfair dismissal?

Hi UB40,

Your best bet (probably) would be to SAR your ex-employer, & in particular (but not exclusively) request this email.

[UB40]

Re: Unfair dismissal?

Hi I have a copy of the e mail showing the 2 new branches as they forgot to take me off the e mail list, I have heard from ex colleagues that the branch that is now covering our work is staffed by head office employees at the extra expense of hotels. Is it particularly difficult to do the ET hearing yourself?
I am in a lucky position to have got another job albeit less money, only been out of work for 2 months, so I have not lost much. I really enjoyed my old job but don't want to start something that a) is going to cost me more money b) be very difficult for me to get anywhere with.
With regard to the 2 new branches they have started just after our redundancy, both of which are much closer to home than the one they offered, are they duty bound to offer us re deployment to either of those prior to making us redundant?

Thanks

UB40

[UB40]

Re: Unfair dismissal?

BUMP

[charitynjw]

Re: Unfair dismissal?

Hi,

As of 29th July this year, fees have been introduced for claims via Employment Tribunals.

For unfair dismissal, this would be £230 to start the claim, with a further £950 to bring it to a full hearing.

Only in a very small %age of cases is this recoverable, so unless you can get a fee remission, you would have to weigh up the cost to you against the rewards of winning your case.

See Lord Alan Sugar has failed in his bid to recover legal costs from former Apprentice winner Stella English.

http://news.sky.com/story/1146344/lo...egal-fee-fight

http://www.cipd.co.uk/pm/peoplemanag...ce-winner.aspx

[bluebottle]

Re: Unfair dismissal?

Looks like a case of if you employ expensive lawyers to bury your opponent, don't think you'll automatically be awarded costs in your favour.

[UB40]

Re: Unfair dismissal?

Hi Thanks for all the info!! One last question If my ex employer thinks I am going to go to an ET re unfair dismissal do they have to respond to a Subject Access Request from me. Just wondered if the threat of ET proceedings gave them an opt out in some way.

UB40

[charitynjw]

Re: Unfair dismissal?

Hi Thanks for all the info!! One last question If my ex employer thinks I am going to go to an ET re unfair dismissal do they have to respond to a Subject Access Request from me. Just wondered if the threat of ET proceedings gave them an opt out in some way.

UB40

AFAIK, a SAR is a completely different issue to court/ET action.

A Data Controller must respond to your request, either by sending you any information they hold which can identify you, or alternatively giving you reasons why they cannot do so.
It will cost you £10, & it is advisable to send the request with proof of postage; they will have 40 days maximum to respond.