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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I have just had a claim for unfair dismissal rejected by a

Customer Question

I have just had a claim for unfair dismissal rejected by a Tribunal. There are many murky facets to the case but, if you take the basic principle, I was picked for redundancy by the nhs after 26 years service. My role at leaving is a subject of dispute but of no argument is the fact that a proportion of my role, on a short - term project basis only, was Emergency Planning Lead. The respondents freely admitted the job was a full time job but they were redistributing the responsibility and work in order to make savings. Is this a valid reason to select an employee for redundancy? If so then no one is safe. I have no particular skills in the area and indeed the task was 'dumped' on me. My employees also advertised two posts, during the consultation period, but did not even consider me for the roles. One of the positions might have been written for me. Recent experience makes me wary of your profession, forgive me, but I know I will be appealing but am currently awaiting the written reasons. Please help!
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.

taratill :

Hello my name is Jenny and I am happy to help you today. Without written reasons it is difficult to say whether a decision by the tribunal to reject your claim was correct or not.

taratill :

Even if the work needs to continue but can the role can be split up in to different parts as you describe this can amount to a redundancy situation, unfortunately it is a sign of the times that this is occurring more and more frequently in both the private and public sectors.

taratill :

If there were suitable alternative employments that you could have been offered instead of being made redundant you should have been offered them, the law is clear on that.

taratill :

You will no doubt know that you can only appeal on a point of law, or if the decision was so perverse that no reasonable employment judge would have made it so it will not be an easy road for you in the Employment Appeals Tribunal.

taratill :

You state that you are wary of people in my profession but unfortunately we do not make the law. If you have received bad advise from a particular person and would like to know the complaints procedure then do let me know and I will be happy to advise.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Many thanks

JACUSTOMER-sa3zdoia- : The written reason are keenly awaited. One claim of unfair dismissal and 17 detriments, all agreed via a preliminary hearing and all thrown out without good reason. Of course I would say that but I have hard evidence of the failings of the nhs employer, including an audio recording that the judge refused to consider and the respondents solicitors withheld. Blatant lies were forthcoming from the respondents which included really hurtful insinuations about my deceased son. Even so, I realise I am up against it but there is a statutory requirement for a post, such as mine, in the nhs and it is therefore not redundant. It's that simple to a simple lass like me. Further, of the two jobs the trust advertised, the second one was almost a double of the last known job description for me on file. (2007). The judge did not even consider it. Believe me, if I knew what I was doing, I could turn the nhs Trust inside out. Indeed I proved on a number of occasions on cross examination they were incorrect. The witness statements are in some cases ludicrous. What can I do? Ii sought legal help but, when I refused a compromise, he withdrew. I smelt a rat. Help ....
taratill :

Hi I'm not sure what I can say about that. If there is a specific question I will gladly answer it. If I have answered your original question I would be grateful if you would take the time to rate my answer.

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