Dear Sirs,

Hope you can help me. I apologise for the length of this letter, but I ask you to read it completely before giving any response, as there is some important information and also proof that the redundancy process might have been based in false data.

1.- There was no opportunity to see the selection criteria and challenge the scoring before a decision was taken. A colleague and I were told that we got the same scoring, so that we would have to do a job interview for that position. I asked to see the criteria and scoring, both verbally and in writing on the very same day.

Just after my interview, I had my second 1 2 1 consultation period meeting. I was told that they had decided to offer the redundancy pack after the 30 days notice and that, as they still would need the unsuccessful candidate till maybe November, they would offer a bonus if we stayed till that date, but that in between we would be able to leave the company with the redundancy pack if we found another job. No written evidence was produced. I was so drained and exhausted that I did not ask for the scoring at that meeting, and it was not offered.

On the next week my Manager informed me on an informal meeting that I had been unsuccessful at the interview. I sent an email to my Manager reminding him that I had asked for the criteria and scores as soon as I was told of the results, and that I requested them specifically before the interview. He copied in his reply a HR Manager and said that as I did not ask for the scoring in the 1 2 1 meeting, they had not been produced then. I replied in writing saying that I had asked for them in 2 occasions, so it was clear that I considered them very important and they should have been produced as soon as possible.

I then had a meeting with my Manager and that HR Manager. They produced the criteria and scorings, which I found I could definitely challenge, and said that now it would be up to the company to decide whether or not I would be able to keep the redundancy pack if I find another job.

In this meeting I questioned how the Management had dealt with covers as, because of my condition of part-timer, I was always the person who would cover for holidays and sickness and the rest of the team would be minimally affected, and how this contrasted with the poor score I got in the Adaptability criteria. The HR Manager first said that he found difficult to believe that my other colleagues would not cover, and then he said some words in the direction of it being easier for part-timers to work for longer hours when needed.
He also said that the very same level of commitment would be expected during the notice period and my Manager even mentioned a disciplinary case that happened in another redundancy process. I felt both threatened and insulted by this.

2.- Challenging the scores and the time when the criteria were produced: I expressed concerns regarding the fact that the criteria and scores had only been disclosed after the job interview, when a decision had already been taken. I also mentioned that I could challenge the following:

a.- Levels of absence. Sickness or unauthorised absence.
Very high (>15 days per year), score 0. High (11-15 days), score 3. Medium (6-10 days), score 5. Low/none (0-5 days), score 10. I got a 5

I thoght that they should use the number of occasions. Could you please confirm this? Due to the tasks I deal with, I know that my colleague had 5 days, and I had 6.5 days. We both had 3 occasions.

b.- Contribution to business: Value to overall contribution to group/team/firm. Based on performance to date. Examples include: focus of quality, focus on reducing costs, process improvements. Level to which associate meets deadlines, standards, achieves objectives, productivity levels, awards or bonus given for work.
High, score 10. Medium, score 5. Low, score 0. I got a 6.

I gave some examples of process improvements and mentioned that I obviously meet the deadlines as my job is mainly based on daily tasks that are created and dealt with on the same day. If deadlines were not met there would have been clear consequences on the rest of the team as they would not have been able to do their jobs simply because nothing would have been in the system. The fact that this did not happened is a clear indication that my deadlines and objectives were constantly achieved. This year no bonuses were given to the associates, but I did get a bonus the previous year, with a 95% result.

c.- Adaptability: Adaptable and responsive to getting the job done. Examples include: prepared to go above and beyond, muck in to help out, go outside defined scope of role to cover gaps. Willingness to carry out other duties.
Highly flexible, score 10. Somewhat flexible, score 5. Not flexible, score 0. I got a 7

I started 3.5 years ago as a PA/Secretary for 20 hours per week. Because I was honest and asked my Manager for some extra tasks to keep me busy at all times, my Manager asked for to be introduced to completely different tasks (imaging tasks) in order to be able to cover for 2 colleagues. Since then I started covering these tasks when there was a need for it. My Managers decided that I could take over these tasks and offered me a new contract with a mix of both positions and 25 hours per week. I was not even consulted. This forced me to change work patterns. If I had started with 20 hours in a morning pattern, now it would be 25 in the afternoon, from 2 till 7. If I needed to cover, I would start earlier. Every day I was normally the last person leaving the office. I endured this for over 8 months, when there was a business need for a full-time person and my colleague joined the company 2 years ago.
I then changed my work pattern back to the mornings and had again two people to cover for. Some months later, the process that was the reason why my colleague joined the company was terminated, so the three of us decided to do a redistribution of tasks for her to stay. We all were aware of all the processes and changes needed for this position. As well as the tasks for this level, I still kept some secretarial/team administrative tasks which could not be done with their IT level.

I have to say that, precisely because of my flexibility with covers and long hours, I was equally offered flexible start and end times. When the company stopped paying extra hours about a year ago, I was reassured that I would be able to recover my long hours during the month by leaving early as long as the total hours of the month were met. We have a time recording system and if anything, the totals favour the company.

3.- Discrimination agains part-timers and alteration of time data.
In my meeting with my Manager and the HR Manager, I mentioned a specific case that happened last November. There were almost 150 returned pension payments and my Manager, instead of distributing them between all the people in the team, asked me to deal with all of them. I mentioned that I was already covering for a colleague but he simply said that it was very urgent and gave them to me only. My Manager has obviously forgotten about this episode as I could see that he was upset it had been mentioned, and the HR Manager was quite surprised that this had happened. I simply told him that he could check the time recordings.

After this last meeting, I checked my time record and discovered that I had entered normal times for this period. I then remembered that my Managers had stopped paying for overtime and had asked people to do only their normal hours. In my case, as I would be covering for over 2 weeks, they asked me to keep a personal record of my overtime and record only normal hours. They said that I would be able to recover the extra time later on. All this was said verbally.

I sent them a couple of emails confirming that I was following their instructions and recording normal times. The response to my emails was also done verbally. I did a total of 12 extra hours, and took a couple of days off that were recorded as normal working days in the system.

This is a very serious situation, as obviously the time recordings were needed at that time in order to decide how many people would be affected by the redundancy process. I can prove that my time recordings were tampered with and this opens the door to other members of the team being asked to do the same thing, so the whole process might have been based on false information.

I sent an email to my Managers, the HR Manager and my HR Adviser for the redundancy explaining these points and forwarding the emails I sent to my Managers at the time. I never got into the meaning of the request of changing my times; I just used this episode as proof of my “High Level of Flexibility”. I also said that there seems to be a management conception that a part-timer should always be available for covers as it would be easier to put extra hours. I said that it should be up to each part-timer to decide if they found this acceptable, particularly when the overtime was not paid for. Also, that in my case I had accepted this precisely because of my “High Level of Flexibility” and that therefore it should be marked as a 10, as my score of 7 is closer to a “Somewhat flexible” and does not reflect the reality of my commitment for this company.

I also asked them to reconsider the decision before the end of the consultation period. My last 1 2 1 meeting will take place this Tuesday and will mark the end of the consultation period.

Could you please tell me if I have a case for the appeal or even if I could take this case even further if I am not successful?

Many thanks.