Redundancy Queries

Hi
I have been made redundant and have a number of queries whether my employer could have dismissed me unfairly. I would be really grateful if you could advise if I have a case for taking them to an Employment Tribunal should my appeal against redundancy be unsuccessful.

The particular points I would like advice on are as follows:

1. One of the reasons for redundancy was no pipeline of contracted work. However my employer knew I had contracted work waiting to be done which a client had specifically asked for me to do. Behind my back they told the client I was unavailable and offered an alternative (male) colleague to do the work. Knowing my situation, the client accepted the alternative employee to do the work. If I had undertaken the work my score would have taken me out of the 'at risk' pool. They have admitted they did this because I was at risk of redundancy at the time (although at that time I had not been told) and that they could have rescored me during the consultation period. Which they did not. At the end of the consultation period my score does put me at risk, but this is because they have deliberately prevented me from taking up work which would have raised it.
Is this unfair/allowed? Yes. Your clients do not tell your employer who they will and will not employ or who does work for them. The service contract is for the client and the employer to agree as to what the work entails - who is allocated to that work is the employers decision and not the clients.

2. During the consultation period of 10 working days they made no contact with me to discuss alternatives to redundancy or how it could be avoided.
Is this how they should behave if consultation is 'meaningful'? Consultation is a two way process - what attempts did you make to offer alternatives?

3. The consultation period of 10 working days did not allow a fair time to secure new contracts or alternative employment within the company.
Is it unfair to have given such a short time knowing it would be highly unlikely any of us would find new contracts/alternative positions in this time? Yes. If there were fewer than 20 employees the consultation period can be even shorter. The timescale is not determined by the length of time it may take you to secure new contracts or other positions, but by the amount of time the employer sets (unless othewise determined by law) for consultation to take place,

4. The published selection process/scoring suggested that some staff not placed ‘at risk’ would have had very little probability of scoring above the cut-off, suggesting they may have been assessed differently to other staff. We were allowed to see the other pool scores in the meeting but not to have a copy of them.
Is this unfair/allowed? This point is not clear. If staff were not placed at risk then they would not have been scored. Therefore the probability of what they may have scored in not relevant. Whether you can see scores / have copies of them is not clear cut. If you can identify individuals scores - even from anonymised information, the employer can refuse to allow you them

5. My employer used, by their own admission, subjective criteria to score employees in the pool
Is this unfair/allowed? It doesn't say anywhere that they cannot use subjective criteria! It says that criteria must be applied objectively. And entirely different thing. Team working skills, for example, are not measurable - they are in many ways osubjective. But if the same process is used to score them then it has been done objectively.

6. My employer did not provide evidence to substantiate my scores.
Is this unfair/allowed? And you asked for the explanation of the scoring - they only have to give an explanation, not provide evidence in the sense I think you mean. Be clear - no tribunal will consider rescoring you - they can't.

7. My employer did not answer my questions in full to my satisfction during the consultation period.
Is this unfair/allowed? Oh please! What does that mean. Your satisfaction is highly subjective!

8. My employer was heard discussing my redundancy (by name) and the questions I had asked (in a letter marked P&C) in an open office. I have a witnessed statement to this effect.
Is this significant? No

9. My employer has not provided me with a written copy of the redundancy payment calculation. The figure they have given me is obviously wrong and they have said so. They have now provided me with a spreadsheet which shows some of the calculations (but not all) and no derivation of the figures or calculations. They do not intend to issue me with the correct figure. In addition, we are being made to wait until the end of the next month for our redundancy settlement payments.
Is this allowed? Yes, mostly. It isn't unlawful and gives you nothing at all for a case. But you are entiutled to ask for the calculation.

10. My employer has imposed PILON even though my contract states 'garden leave'. This is to paid as a taxable payment as they state it is 'custom & practice'
Is this allowed? Yes

11. Employees in another part of the company (our parent company) have been given a 90 day consultation. The redundancies were announced at the same time, appear to result from the same strategy and although we are 2 separate companies we are employed by the same parent company and share many management functions.
Should I and my colleagues also have been given this extended consultation period? No. In law you have clearly described two separate establishments, so their redundancies do not count towards the total for yours.

12. I know the company has unofficially told other employees at the same site (part of another company in the group) that they are at risk of redundancy. There are approximately 22 at the same site plus 15 of us who were initially put 'at risk'. Of these 13 re now redundant.
What should we do if others are subsequently made redundant? I am sorry - I do not understand the question. But the answer is probably as above - different establishments.

13. By making me redundant immediately at the conclusion of the final consultation meeting and having the letter pre-printed and to hand was the decision to make me redundant pre-empted and is this allowed? I assume you mean pre-determined? By the final meeting I would expcet that it would have been a decision that was made - I can't see anything unlawful in this.

14. Finally, all but 1 of the 15 selected for redundancy are over 50, while the company continues to advertise for graduates with our skills. Might this be significant?
Are they replacing your jobs? Do they have jobs that are suitable alternatives that haven't been offered to you? There is nothing to stop a company recruiting and making redundancies at the same time, and you haven't made it clear what you mean here

I intend to appeal the decision and am unsure how much information should be divulged in the appeal letter. As much detail as you can - especially if you plan not to go! Anything you fail to raise at appeal and subsequently try to use in tribunal will not go down well with the tribunal There is no proper appeals procedure just an instruction to appeal to a named person in writing. Is it necessary to have a face-to-face appeal as I will have to pay my own (not insignificant) costs to attend. It shouldn't be necessary - but I wouldn't hold my breath on winning if you didn't, and a tribunal may consdier that you were not entirely serious about appealing if you didn't attend

Advice on the above would be gratefully appreciated

Many Thanks.