Unfair Selection For Redundancy – My Client’s Story
I was delighted to help my client after he had been unfairly selected for redundancy by his employer. Read on for more information.
My Client’s Story – Unfair Selection For Redundancy
My client was one of a number of staff dismissed following a restructure and redundancy consultation by his employer. When my client first contacted me, he started off our conversation by stating there probably wasn’t anything we could do. However, whilst he understood his employer needed to reduce staff numbers and costs, he was aggrieved about the process they had used and, also, could not shake the feeling that there something was wrong with the selection process.
He booked in to meet with me for a Fixed Fee Consultation. He brought all his paperwork including his consultation documents, meeting notes and the final letter terminating his employment. As we went through the documentation, I was concerned as to how my client had been placed in a particular pool for redundancy.
My client manged a factory. He and a colleague were at Managerial Grade and between them were responsible for the day to day running of the factory. The employer advised my client and his colleague that they wanted to reduce the number of Managerial Grade staff at the factory from two to one. In so doing, they created a new full-time post of Factory Manager.
My client’s colleague accepted an offer of voluntary redundancy at a very early stage of the restructure process. Therefore, my client understood that the necessary reduction in managerial grade staff had been achieved and that he would be allocated the new position of Factory Manager. However, this was not done and, in fact, my client was informed that he had been added to the pool of supervisors for the purposes of redundancy consultation.
My client was unhappy about the decision to add him to the supervisors’ pool. Essentially, he was in selection pool with colleagues who were not managers and not on the same grade. The consultation process continued and one of the supervisors was promoted to the position of Factory Manager. My client and some of the other supervisors were selected for redundancy.
My client was unhappy about his redundancy selection. Firstly, he stated there was no need to make further cuts at manager grade as his colleague had sought voluntary redundancy and, therefore, my client should have been allocated to the new Factory Manager position. Secondly, even if there was some justification for adding him to the supervisors’ pool, then the decision to make him redundant and promote one of his colleagues could not be justified.
I discussed with my client what possible motivation the company might have to manufacture a situation to dismiss him. He explained that he had some absences and a number of health problems in recent months. In addition, he explained that he was due to have heart surgery in the near future which would have resulted in his needing to take three to six months off work. It was his belief that having been very open with his employers and explaining that he would need time off for critical medical treatment, they had manipulated their redundancy process to ensure that he was one of the staff selected for redundancy.
Appeal Against Redundancy
I prepared an appeal document for my client. Within the appeal, we included our concerns that the employer’s actions were a cynical and deliberate manipulation of the redundancy process to secure the dismissal of an employee who would shortly need time off work for a medical procedure.
As expected, our client’s appeal was not upheld and he instructed me to initiate his Employment Tribunal claim. Fortunately, he had legal expenses insurance as part of his home and contents cover and, therefore, I liaised directly with his insurance company to arrange the funding for my assistance. In the event, we submitted claims for unfair dismissal and disability discrimination.
Employment Tribunal Claim
A week after my client’s Employment Tribunal claim was issued, we started receiving offers to settle from his employer. At the start of the process, my client stated he wanted his job back. However, as time went on, he became more and more disillusioned with the behaviour of his employers. He, therefore, stated that he would be happy with a financial package. We were able to secure him a package equivalent to a full year’s gross salary. Such compensation in addition to the notice and statutory redundancy payment he had received when his employment was terminated. He was delighted with the outcome.
Lincs Law Employment Solicitors Can Help
If you are going through a redundancy process and are worried about being made redundant, please call us on 01522 440512 for a free initial consultation. If you would like more information about redundancy procedures, please visit our website at https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy/redundancy/
If you have been made redundant and your employer’s decision was unfair, you may have an Employment Tribunal claim. Click on the link to take our online questionnaire and find out: https://lincslaw.co.uk/have-you-been-made-redundant-do-you-have-an-unfair-dismissal-claim/
Managing Director, Specialist Employment Law Solicitor
Lincs Law Employment Solicitors, Lincoln
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