I was delighted to help my client settle their potential unfair dismissal claim following their redundancy. Read on for more information about my client’s story.
Background
In an earlier blog, I set out the rights employees have when facing redundancy, see https://lincslaw.co.uk/blog/i-am-facing-redundancy-what-are-my-rights/
This includes your employer acting reasonably in relation to the redundancy, by:
- Warning and consulting with you (or your representatives) about the proposed redundancy;
- Adopting a fair basis on which to select for redundancy;
- Considering suitable alternative employment.
If your employer fails to act reasonably then you may have grounds for an unfair dismissal claim, if you have been employed for two years’ or more.
My Client’s Story
My client was initially put at risk of redundancy (i.e. they were warned about a proposed redundancy) and their employer proceeded with a consultation process. My client used the consultation process to raise some concerns they had about the redundancy process. However, my client was subsequently made redundant. In accordance with their entitlement, my client received a payment in lieu of notice, a payment for accrued untaken holiday calculated up to the termination date and a statutory redundancy payment.
How I Helped
I advised my client to appeal the decision to dismiss them by reason of redundancy and I drafted the letter setting out their grounds of appeal. This included matters relating to the unfairness of the selection criteria, the employer’s failure to look for alternative employment for my client and the fact that there was evidence of a pre-determined outcome.
I advised my client that, subject to the outcome of the appeal, there would be grounds for an unfair dismissal claim. In a successful unfair dismissal claim, an Employment Tribunal can award:
- a basic award (calculated using a formula based on age, length of service and gross weekly wage);
- a compensatory award (to compensate for any financial losses flowing from the dismissal, principally loss of earnings/contractual benefits and employer pension contributions up to a maximum of one year’s pay or the statutory cap if lower).
Any payments in lieu of notice and statutory redundancy payments would be taken into account.
In the particular circumstances, we did not expect the employer to overturn their decision to terminate my client’s employment and indeed the appeal was not upheld. However, the employer was then willing to engage with us in settlement negotiations to avoid a claim by my client.
We were able to agree settlement terms which included my client receiving a payment the equivalent of around 5 months’ net pay, in addition to the payments they had already received, and the employer’s agreement to waive a non-compete clause in my client’s employment contract which could have restricted his ability to get another role in the short term.
What My Client Said
“Thank you for all your help and support during negotiations with my previous employer. I’ve been very impressed with yourself and LincsLaw. You’ve been a pleasure to deal with in difficult circumstances”
Lincs Law Employment Solicitors Can Help You
If you would like advice on your own situation please contact us for a free enquiry on 01522 440512 or via the web chat or contact form on our website at www.lincslaw.co.uk.
Kathryn Bolton
Associate
Specialist Employment Solicitor
Lincs Law Employment Solicitors
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