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Unfair Redundancy

Redundancy (Consultation Process)

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I recently helped a lovely client with his redundancy situation at work. Following my assistance my client managed to negotiate a significantly enhanced exit deal.

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 My Client

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 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 equivalent to 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.

My Client’s Review

I was delighted to have helped and very grateful to my client for his kind review:

“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. We’ll be happy to help.

Kathryn Bolton, Associate, Specialist Employment Solicitor