If you have been made redundant, we are here to help. Please read on to find out more about appealing your redundancy and/or raising a Formal Grievance.
We always hope the information on our website is helpful, but we are aware that the best assistance is to discuss your problem with one of our team. If you would like a free consultation at Lincs Law Employment Solicitors, please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we will be happy to help.
I Have Been Made Redundant – What Does This Mean?
If you have been made redundant, this means your employment has been (or is going to be) terminated by your employer by reason of redundancy. In this situation, the legal definition of redundancy should have been met. This is where your dismissal is wholly or mainly attributable to:
- Your employer ceasing to trade altogether; or
- A workplace closing or moving; or
- There is a reduced need for employees to carry out a particular kind of work.
For more information about the above, please see my other blog here – https://lincslaw.co.uk/blog/are-you-in-a-redundancy-situation/.
If you have been (or are being) dismissed by your employer by reason of redundancy, you should be paid your notice period and, additionally, payment for your accrued but untaken holiday. Also, depending on your length of service, you may be entitled to a redundancy payment. For more information about this, please see here – https://lincslaw.co.uk/blog/what-payments-are-you-entitled-to-if-you-have-been-made-redundant/.
I Have Been Made Redundant – How Do I Appeal?
If you have been made redundant, your employer does not necessarily have to provide you with the opportunity to appeal your dismissal. However, this is usually offered as good practice.
If you have been told that you have been made redundant, you should receive written confirmation (usually a letter) detailing the reasons for your dismissal. Towards the end of this letter, there may be information regarding how to appeal your employer’s decision. This information may also be included in your employer’s own redundancy policy. If this is the case, when submitting an appeal, make sure you follow your employer’s own procedure!
If you do appeal your redundancy, your employer should then deal with your appeal under their own appeal procedure, if they have one. Essentially, they should:
- Appoint an independent person (i.e., someone who was not involved in your dismissal) to deal with your appeal
- Organise a meeting with you to discuss your appeal
- Consider your appeal submissions and any additional evidence you have submitted
- Make a decision as to whether to accept or reject your appeal
- Confirm their decision (with their reasoning) in writing.
If your employer accepts your appeal, you should be reinstated, and you will no longer have been made redundant. In these circumstances, your pay would need to be backdated. You would, however, need to repay any redundancy payment you received.
If your employer rejects your appeal, however, you will remain dismissed.
I Have Been Made Redundant – My Employer Does Not Have an Appeal Process?
If your employer does not allow you the opportunity to appeal your redundancy, you can still raise your concerns about your dismissal. If this is the case, we would recommend raising a Formal Grievance. By doing this, your employer will then need to deal with your Grievance in line with their own grievance procedure (if they have one) and, in any event, the ACAS Code of Practice on Disciplinaries and Grievances. This sets out the minimum standard expected of employers when dealing with grievances. Essentially, your employer will need to:
- Meet with you to discuss your concerns
- Allow you to be accompanied at the meeting/hearing (for more information about this, please see here – https://lincslaw.co.uk/blog/who-can-i-take-with-me-to-my-grievance-hearing/)
- Investigate your Grievance (if necessary)
- Decide on what action, if any, should be taken in relation to your Grievance
- Confirm the outcome to you in writing
- Provide the opportunity for you to appeal the outcome, if necessary.
In fact, even if your employer does allow the right to appeal (as above), you may wish to also label your appeal against redundancy as a Formal Grievance to further protect your position. This is because, if also labelled as a Formal Grievance, your employer will need to fully consider your concerns under their Grievance procedure and, as a minimum standard, would be expected to adhere to the ACAS Code of Practice on Disciplinaries and Grievances (as above). This means that your concerns should, in theory, be fully investigated and considered.
I Have Been Made Redundant – Should I Submit an Appeal and/or Formal Grievance?
Whether you decide to submit an Appeal (and/or a Formal Grievance) is, of course, completely your decision. However, if you are unhappy with your employer’s decision to make you redundant, we would advise you to take this step. This is important because:
a) If you do not do so, your redundancy will remain in place and cannot be challenged (internally) months later. Think of your Appeal/Formal Grievance as your last chance to challenge your employer’s decision.
b) Also, if you are considering pursuing a claim (such as, a claim of Unfair Dismissal as below) in the Employment Tribunal, an Employment Tribunal Judge will expect you to have exhausted all internal processes. This would include submitting an Appeal/Formal Grievance. If you have not done so, they can reduce your compensation accordingly.
I Have Been Made Redundant – What Should I Say in My Appeal/Formal Grievance?
What you say in your redundancy appeal (and/or Formal Grievance) will, of course, depend on your personal circumstances and the redundancy process you have been through.
As a general guide, however, your Appeal and/or Formal Grievance should provide full details of why you disagree with your employer’s decision and the reasons why you consider your dismissal is unfair. Common issues to be raised include:
- The definition of redundancy (as above) was not met and, in fact, there was no genuine redundancy situation. For example, you may consider the redundancy process has been a sham and it has been used to dismiss you for another reason.
- Your employer has failed to follow a fair redundancy procedure. To explain, your employer should have:
1.Correctly identified a pool of “at risk” employees
2. Warned and consulted with you about the proposed redundancies
3.Provided sufficient information about the redundancy situation
4.Adopted a fair selection criteria
5.Applied the selection criteria correctly and fairly selected you for redundancy
For more information about this, please see here – https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy/redundancy/
- Your employer has failed to try and avoid your redundancy. For example, by failing to consider (or offer) you suitable alternative employment. For more information about this, please see here – https://lincslaw.co.uk/blog/redundancy-what-is-suitable-alternative-employment/.
Again, what is included in your Appeal (and/or Formal Grievance) will need to be specific to your your own situation and redundancy. For this reason, we would advise you to seek legal advice. For a free consultation with one of the team at Lincs Law Employment Solicitors, simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512.
Beware of Your Time Limits!
If you have been made redundant, you may have potential claims in the Employment Tribunal. This could include a claim of Unfair Dismissal. Importantly, however, for this claim, you must start the Employment Tribunal process by initiating ACAS Early Conciliation within three months (less one day) of the date of your dismissal. It is therefore incredibly important that you keep an eye on this time limit, regardless of any ongoing internal appeal or grievance procedure!
For more information about a claim of Unfair Dismissal, please see my other blog here – https://lincslaw.co.uk/blog/can-you-claim-unfair-dismissal-if-you-have-been-made-redundant/.
Lincs Law Employment Solicitors Can Help You
Here at Lincs Law Employment Solicitors, we understand that being made redundant can have a devastating effect on you and your family. As specialist employment solicitors, we would be delighted to help you. If you would like a free consultation with one of the team at Lincs Law Employment Solicitors, please contact us for a free no obligation consultation. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Kate Key
Trainee Employment Solicitor
Lincs Law Employment Solicitors
Tags: acas code on disciplinaries and grievances appeal redundancy appeal redundancy dismissal fair procedure for dismissal formal grievance Kate Key lincs law employment solicitors redundancy suitable alternative emplouyment Trainee Employment Solicitor