Time frame of redundancy appeal decision?

Hi there,

Found this site through Google, looks like excellent advice being given out!

My Dad was made redundant at the end of January. Come Monday it will be a full month since his redundancy appeal and he still has not heard the decision on whether his appeal was successful or not. The employer has come forward with a compromise agreement as there are issues that could lead to an employment tribunal for unfair dismissal as well as unlawful deduction of wages. So far the compromise agreement just covers the unlawful deduction of wages and the employer has not mentioned the appeal.

My question is: how long does a company have to decide on the outcome of an appeal? Does a compromise agreement replace the decision (as I think it's pretty clear he ain't getting his job back(!) but I'm sure that, regardless of the obvious, he needs to have a decision!). Does a refusal to give a decision on the appeal constitute further grounds for unfair dismissal?


I've looked on ACAS and various other sites but found no advice on this specifically.

Any advice greatly received - this whole thing has been going on for so long and has caused so much stress [as I'm sure is common on this board full of people who've been made redundant ]

Hi Penny

If your father accepts a compromise agreement it is likely that he will be agreeing not to make any claims against his employer (including unfair dismissal). In order for the compromise agreement to be valid, he will have to have been advised by a legal adviser (normally a solicitor), so he should be able to get further advice there. It is normal practice for the empployer to pay for the employee's legal advice (capped at somewhere around £250 to £400, depending on locality).

If your father does not enter into a compromise agreement, it is likely he will have a claim for unfair dismissal if the employer has not concluded the dismissal process (i.e. given the outcome of the appeal) or if they have delayed unreasonably.

If I were in your dad's shoes, I think I would be trying to get a good settlement (compromise agreement) and negotiating hard on the payout. The best thing to do is to consider what he would get if he won and unfair dismissal claim - which is based on future loss of earning (i.e. it depends on how quickly he could get another job, which is clearly more difficult in the current climate)

Hope that helps

Pete

Thanks everyone for your replies.

Fortunately, my Dad's boss has now come back (a whole month later!) with an appeal decision and offered my Dad a really good compromise agreement, writing off money he's owed plus giving him a nice wodge of settlement money.

I'm guessing he knows he was in the wrong for getting rid of my super Pa!

A happy result so far - now all he needs is a new job which hopefully will come on Thursday - he's got a third interview for an ace company.