I Have Been Made Redundant – Should I Appeal Or Submit A Grievance?
If you have received notice of redundancy from your employer and think your selection was unfair, there are ways of raising your objections. Read on for more information about appealing or submitting a grievance about your redundancy.
What Is A Redundancy Dismissal?
If your employer has dismissed you for redundancy, then they should have:
- Consulted with you about your redundancy;
- Given you information about your redundancy entitlements; and,
- Provided you with a dismissal letter setting out arrangements for notice and practical considerations for the termination of your employment.
Depending on their policy, your employer might also give you the option to appeal. An appeal is not compulsory in redundancy dismissals, but it is considered good practice for an employer to offer an appeal to an employee they are making redundant. If you dispute your redundancy and you have the option to appeal, make sure you do so.
Even if there is no option to appeal, if you dispute your redundancy and think your dismissal was unfair, you can submit a grievance. In this situation, your employer should follow their own grievance policy, or if they do not have one, the ACAS Code of Practice.
What Should I Say In My Redundancy Appeal/Grievance?
Your appeal/grievance should outline why you disagree with your employer’s decision and why you believe your dismissal is unfair.
You may have concerns with how the redundancy process was carried out or regarding the suitability of the managers involved in the decision making. You may have been made redundant and then you see your employer is advertising your job.
Your appeal/grievance should be a comprehensive document raising the concerns you have with your redundancy. It is not enough to say you do not think it is fair, you need to explain why. Whatever you are unhappy with, you should include within the letter.
You should also inform your employer what your preferred outcome is. For a redundancy dismissal, the usual preferred outcome is to be reinstated and continue working for the company as if the dismissal never happened.
What Is The Time Limit For My Redundancy Appeal/Grievance?
If you have been offered an appeal, your employer will usually give you a deadline by which you must submit your appeal. For a grievance, you should do this as soon as possible, ideally within 14 days of getting your letter giving you notice of your redundancy dismissal.
What Happens Next?
To an extent, this is down to your employer’s policy. However, the next steps should be that your appeal/grievance is referred to a manager who was not involved in your dismissal. If there is no other manager, the person conducting the appeal/grievance should be of sufficient seniority.
The concerns raised in your appeal/grievance letter should be considered and investigated. Once they have reviewed your information, you should be invited to a meeting where you should be given the opportunity to make representations.
Your employer may uphold your appeal, which means that when they have considered your comments, they agree, or they now do not believe your redundancy was appropriate in the circumstances.
Your employer may dismiss your appeal/grievance, which means that when they have considered your comments, they do not agree and are still of the opinion that your employment should be terminated.
It is possible for your employer to agree with some of your comments, but still dismiss your appeal/grievance. This may happen in situations where, for example, the correct redundancy procedure was not followed, however if it had been, the result would have been the same i.e. you would have been dismissed either way. So, your employer may agree there were some procedural errors, but state the dismissal was still the correct course of action.
Caution – Employment Tribunal Time Limits
Make sure you are aware of Employment Tribunal time limits – especially if your employer drags out their appeal or grievance process. If your claim runs out of time (even if you were waiting for an outcome to an appeal or grievance) you will not be able to pursue your claim at the Employment Tribunal.
The first step if you are considering an Employment Tribunal claim is to inform ACAS. ACAS stands for Advisory, Conciliation, Arbitration Service. You have three months less one day from the incident you are complaining of (in redundancy matters, this will usually be your last day of employment), to notify ACAS of your claim by way of their Early Conciliation Service. For example, if you are dismissed on 22 September 2021, you will have until 21 December 2021 to notify ACAS. Again, time limits are very strict and you may lose your opportunity to claim if you delay.
You will be invited to take part in ACAS Early Conciliation as a way of resolving matters with your employer. If this is unsuccessful, ACAS will issue you an Early Conciliation Certificate with a certificate number. You will be required to quote your certificate number in order to submit your claim to the Employment Tribunal.
Once you have received your Early Conciliation Certificate, you will have at least one month to issue your claim in the Employment Tribunal. In some circumstances, you may have longer than one month to issue your claim, it is dependent on when you started early conciliation. However, as a general rule, always try to submit your claim within one month of the certificate to ensure there will be no time limit issues.
Lincs Law Employment Solicitors Can Help You
If you have been made redundant and are considering appealing or submitting a grievance against your redundancy dismissal, please do not hesitate to contact us on 01522 440512 for an initial free, no obligation, telephone conversation. Alternatively, if you would like more information about Employment Tribunal claims, please visit our blog at www.lincslaw.co.uk/services/employees/employment-tribunal-claims/
Specialist Employment Solicitor