Can I claim for Unfair Dismissal?

  1. #1
    dbrent dbrent is offline Junior Member
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    Default Can I claim for Unfair Dismissal?

    The company announced that 16 employees must be made redundant. They listed the departments as follows:

    • Manufacturing Directs = 9
    • Team Leaders = 1
    • Indirect Support & Admin 6


    They also said that voluntary redundancy is an option to encourage people to come forward. If we fail to get enough volunteers then unfortunately we will have to declare complusary redundancy based on the following 5 criteria:
    • Attendance & Punctuality
    • Work Performance
    • Skills & Competence
    • Disaplinary record
    • Length of service (All things being equal)


    My decision not to apply for voluntary redundancy was subsequently based against these criteria. I did not feel at risk as my skills, ability, attendance, and professionalism towards the company has never been in question.

    If i went for voluntary i would have got £5000, but instead i was chosen for the compulsary and they have offered me £700! This is basically statutory redundancy (Employed 2 Years) = £350 per year.

    Another thing was that the company asked all managers to quickly carry out reviews on all members (1 to 2 weeks before the redundancies) I havent had a review from my manager, everyone else in the company has had one. The last review i had was jan last year where i scored very high.
    I mentioned to my boss that i wondered why you havent spoken to me for the past 2 months and i did find it strange when you didnt give me a review. He said that err not everyone in the office has had a review?

    Another discrepancy is that when they gave me my letter it said that due to the downturn in business etc... your role has lessoned to such a degree that the company believes it cannot sustain my current position. therefore i regret to advice you are at risk of dismissal on grounds of redundancy.

    I can totally understand the market situation and yes my position hasnt lessoned, but i come back to the first point that the criteria was based on above and not my role / job functions.

    I believe i have been unfairly selected for redundancy.

    I can also prove that my attendance is better than others as i have a list.

    The next steps for me are to write a letter of appeal.
    What do i want out of it?
    I just want the £5000 and ill be on my way..... Im not bothered about my job.

    Do you have any useful comments? Do you think i have been unfairly treated?
    Thanks

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    Employee Advisor Employee Advisor is offline Expert Advisor
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    Default

    Thank you for your question.

    Without know the full facts and history of your case it is difficult to advise whether you have a case for unfair dismissal based on unfair selection. I can however tell you a little more about the points of law and fair redundnacy handling which may help you to decide whether you pursue such a claim.

    A redundancy selection criteria should be capable of objective measurement and verification. You are entitled to see what score you have achieved against the selection criteria. You can also request to see your scores and also other scores (albeit with blanked out personal details so it remains anonymous).

    I'm a little unsure about your reason for redundancy. You have confused me slightly so I'm not sure whether your role has reduced or not.

    If you have been dismissed, then your next step is to appeal the decision on the grounds of unfair selection. At the appeal hearing, you should request to see your score, the criteria that was used and ask if your employer will disclose other employee scores anonymously.

    I hope this advice has helped. Please reply if you need any further help or to update us with your situation.
    Clara Buckingham

    (Any advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).




    Businesses, for professional HR advice Message me.

  3. #3
    dbrent dbrent is offline Junior Member
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    Default Selection Criteria

    Thanks for the response much appreciated.

    Same question but in a different way:

    If a selection criteria was set out by the company, and i have not been reviewed since Jan 2008 - And everyone else has in 2009. Does this make it unfair that i have been selected?

    Also, Length of service is the only are that i might have a problem 2 years 3 months... But i know that someone has come in after me with less service.

    Can the company just dismiss me on one of the selection criteria i.e. Length of Service - When all the criteria are very good?

    Sorry for confusion - But im really stressed at the moment trying to learn Employment Law in a week to be able to go into my meeting with all the facts.
    I cant sleep, Im worried, im not eating properly....
    Thanks


 
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