I have recently helped my client achieve a fantastic settlement for his Unfair Dismissal Claim. Read on to learn more.
I first spoke to my client at the beginning of this year after he made an enquiry. During our initial conversation, he explained the company were carrying out a company restructure and, consequently, his role had been identified as redundant. At the time, he was engaging with the redundancy consultation but he had concerns the company were simply ‘ticking boxes’ and that the decision to terminate his employment would follow soon. We therefore made an appointment to discuss this in greater detail.
My Client’s Story
My client had been employed by the company for several years. He was in a senior position and he had significant industry experience.
As part of the company’s restructure they were removing his role from the structure of the business. His role had been placed ‘at risk’ of redundancy and he was going through a redundancy consultation.
My client engaged fully with the redundancy consultation and asked how the company intended to absorb his role. He had received no detailed explanation but he considered there would be a continued requirement for his role to be carried out. In addition to this, my client expressed his concerns over the new company structure which had recently been circulated throughout the company. On the new company structure he could see there was one newly created, senior post, which he had no information or knowledge about. The new position sat where his current role was placed on the old company structure and so, it was curious that the company had not made him aware of the position, or invited him to apply.
My client therefore enquired the newly created role and asked for a copy of the job description. His request was denied as the company explained the position had already been filled.
At the time of our appointment, my client was still engaged with his redundancy consultation. It was agreed I would prepare a letter for him to submit, titled ‘representations during my redundancy consultation‘. The purpose of this letter was to ensure he communicated all of his ongoing concerns, during the redundancy consultation, to allow the company time to investigate / respond.
In the event, the company failed to reasonably address my client’s concerns and his employment was terminated on the grounds of redundancy. Whilst this was disappointing for my client, I explained he had acted reasonably and provided the company the opportunity to address the issues. It would be their disadvantage that they chose not to.
I advised my client to appeal against his dismissal and to highlight his concerns again on the fairness of the redundancy procedure and also that he had received no evidence to support his role had ceased or was expected to cease or diminish. His appeal was not overturned and so I advised my client to issue a claim to the Employment Tribunal.
Employment Tribunal & Early Settlement
My client instructed me to submit his claim for Unfair Dismissal to the Employment Tribunal. It was very soon after submitting his claim that the company engaged in settlement negotiations with us. I was delighted to achieve my client a five-figure sum (in addition to his statutory redundancy payments already received) and, as his claim was settled outside of the Employment Tribunal, the first £30,000.00 was not subject to tax and national insurance.
How Can I Help You?
If you have any employment law issue which you require advice on, please telephone us for a no obligation conversation. You can telephone us on 01522 440512 or email ContactUs@lincslaw.com. Alternatively, if you would like to read more on redundancies, please visit our page here; Redundancy – LincsLaw Employment Law Solicitors – Based in Lincoln.