I was delighted to assist my client with their Unfair Dismissal claim in the Employment Tribunal. Please read on to find out more.
My Client’s Story
My client had worked for their employer for many years. One day, without warning, my client was asked to have a “chat” with HR. During this short meeting, my client was told their role was at risk of redundancy, but was given very little information about the reasons for the redundancy situation or why/how their role had been selected.
In the following weeks, my client attended further (very short) consultation meetings. Again, very little information was provided to my client and, in fact, throughout the consultation process they did not receive anything substantial in writing at all. This lack of information meant my client understandably struggled to ask questions or challenge the process.
My client was, however, provided with a list of alternative roles within the company. After reviewing the alternative roles, my client decided the roles were unsuitable for them and, as such, they were subsequently dismissed by reason of redundancy.
My client had worked for their employer for many years and was therefore understandably upset about the way they had been treated. However, whilst they were unhappy about their situation, they believed the other “at risk” colleagues had been treated the same way.
Shortly after their dismissal, my client discovered that one of their colleagues had not been made redundant and, in fact, had remained working in an alternative role within the company. This alternative employment had not been offered to my client throughout the redundancy process. (For more information about alternative employment in a redundancy situation, please see our blog here – https://lincslaw.co.uk/blog/redundancy-what-is-suitable-alternative-employment/).
How Did I Assist My Client?
My client booked in for a Fixed Fee Consultation with me shortly after their employer had dismissed them by reason of redundancy. Before my client’s Fixed Fee Consultation, I spent time reviewing the documentation relevant to their employment matter. Then, during the Fixed Fee Consultation, we spent time together discussing the following:
- The full background of my client’s situation; and
- My client’s objectives and what they wanted to achieve; and
- Their potential Employment Tribunal claims; and
- The value of the claims; and
- The relevant time limits; and
- The next steps to put my client in the best possible position; and
- Funding options available (including Legal Expenses Insurance, as below).
During our Fixed Fee Consultation, I identified that my client had a strong claim for Unfair Dismissal in the Employment Tribunal. I also advised my client that, to put themselves in the best possible position, they should initiate ACAS Early Conciliation and submit an appeal against redundancy and a Subject Access Request (“SAR”) to their employer. (For more information about SARs, please see our blog here – https://lincslaw.co.uk/blog/what-is-a-data-subject-access-request-how-do-you-make-one/).
Following our Fixed Fee Consultation, I confirmed my advice in writing to ensure my client had a full record of our discussions. Following receipt of my letter of advice, I was delighted that my client decided to instruct me further.
As part of my client’s instructions, I drafted their Grounds of Appeal against Redundancy, setting out fully why their redundancy was unfair. I also drafted a SAR on my client’s behalf, which allowed them to retrieve relevant documentation in relation to their employment matter. Additionally, around the same time, we submitted a Without Prejudice proposal for early settlement (via ACAS) to their employer.
Initially, their employer was unwilling to enter into Without Prejudice negotiations. Therefore, after taking further instructions from my client about their objectives, I contacted my client’s home insurance provider. I was successful in securing legal expenses cover for them. As a result, I was able to draft and submit the Employment Tribunal claim, at no extra cost to my client personally.
Shortly after submitting my client’s Employment Tribunal claim, my client’s employer changed their approach and indicated they wanted to discuss a settlement. After some negotiation, I was delighted to be able to agree an offer of financial settlement on behalf of my client.
My Client’s Review
I was absolutely delighted to help my client achieve the above outcome. I was also very flattered when my client brought me some beautiful flowers and fizz to thank me for my help. I was also exceptionally grateful to receive the following feedback from my client:
“Many thanks for your help…. I am very pleased with [your] hard work and gaining a positive result for me and my family…you did a great job for us”
Lincs Law Employment Solicitors Can Help You
If you are facing a redundancy situation, please contact us for a no obligation, free consultation. Simply use the contact form, engage in a web chat, email firstname.lastname@example.org or call us on 01522 440512 and we’ll be happy to help.
Also, for more information about the redundancy process, please see: https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy/redundancy/ and https://lincslaw.co.uk/blog/are-you-in-a-redundancy-situation/
Trainee Employment Solicitor
Lincs Law Employment Solicitors