I was recently instructed by a client who felt her redundancy was unfair. Read on for more information about my client’s story and how I helped.
My Client’s Story
My client had worked for her employer for around 30 years. She was put at risk of redundancy and there followed a consultation process. My client did not consider her role to be redundant. We had a free telephone consultation and I suggested she use her employer’s redundancy consultation process to explore ways her redundancy might be avoided. This included an offer to relocate. All suggestions were rejected by the employer. Also, the employer stated there were no suitable alternative vacancies for my client and she was made redundant.
The employer confirmed the payments my client was entitled to, namely a statutory redundancy payment, a payment in lieu of 12 weeks’ notice and a payment for untaken holiday, accrued up to the termination date. Although the overall amount was substantial, due to my client’s long service, she felt strongly that her dismissal for redundancy was unfair.
How I Helped
Having considered my client’s particular circumstances and the redundancy process, I advised that she had potential claims for unfair dismissal and age discrimination. I also advised that she should immediately appeal against her dismissal. I prepared the letter of appeal for her setting out the reasons why I considered she would have strong Employment Tribunal claims and the employer’s failures in the way she had been treated.
Due to the way in which my client had been treated by her employer, realistically, she did not think she could return to work for them. Therefore, at the same time as the appeal was submitted, I contacted the employer with a financial proposal to settle my client’s Employment Tribunal claims.
I negotiated a settlement for my client which equated to the equivalent of a further 8 months’ pay (which was in addition to her statutory redundancy payment, holiday pay and payment in lieu of notice), plus an agreed reference, which she was more than happy with. She was then able to move on, choosing to have a break before commencing her search for new employment.
My client was delighted with the result and I was very happy to have helped.
Lincs Law Employment Solicitors Can Help You
If you would like advice about your redundancy situation, call 01522 440512 for a free consultation with one of our specialist Employment Solicitors. Alternatively, for more information about redundancy and unfair dismissal claims, please visit our website at https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy/redundancy/
Specialist Employment Law Solicitor
Lincs Law Employment Solicitors