Redundancy - Notice Period, Consultation, Selection Criteria and Compromise Agreement

Hi Chris

Thanks for your updates. This thread helps other people in a similar situation to yourself.

To clarify, the effective date of termination which the ET is referring to is the
date that your employment ended. If you are dismissed with notice, then it is the date on which the notice expires. If you are dismissed with notice and they pay you in lieu of notice, then your effective date of termination is the date that you are told that you are no longer required to work and that you are being paid in lieu of notice.

If you entered your claim within 3 months of this date then you should be OK.

With regards to representation at an employment tribunal, you can represent yourself.

I hope this helps. Good luck at the pre-hearing. Please keep us up to date with how your case progresses.

Hi Chris,

Sounds like you have been given the run-around. I am now under threat of redundancy myself, and come across your thread while researching the topic. I am not an expert, but I should think your notice period began when you received that 2nd letter formally informing you of your dismissal, and certainly not when you first heard about it verbally.

If you have not already seen it, there is a clear outline of the procedure that your erstwhile employer should have followed here:

http://www.compactlaw.co.uk/monster/empf24.html

Hope this helps, and good luck.
Dave.

Thanks for your reply and the latest update on this matter is that my employer via their lawyers have decided to settle out of court which was great news.

It was in the very last minute when I've sent in all relevant documentation/contracts/emails to their lawyers in order for them to prepare the bundle (6 copies) for the court including any witness statements, I was contacted by their lawyers they wish to settle out of court and it was some negotiation and we finally agreed and came to a common ground. We also had to inform the Tribunal that we will not be attending the hearing and to complete the settlement agreement and also the COT 1 form.

It was a very exhausting and frustrating process but its worthwhile if you believe you are correct and have been mistreated or the employers are not following the correct guidelines.

In conclusion, the employer cannot backdate your notice period and you have to consulted accordingly. Also check your written/signed contract to ensure all the terms/clauses have not been breached, ie. notice periods, benefits, pay in lieu, etc.. and also communicate with your direct line manager/director and HR at all times and keep notes and records of ALL meetings and email correspondence as it will be useful if it goes down this route, ie. employment tribunal as a last resort.

This thread has received the most views (over 5K+) in the entire forum and I'm fine if this thread/topic be made a sticky so others can read and learn from it as it has some very useful information especially for those facing similar situations during this very difficult times.

Thanks again for all your feedback/time and good luck to those on the same boat.