Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?
Hi Jenny three years and eight months
are you the only person being made redundant?
yes I am
You do have a case for unfair dismissal as you can put a case forward that the reason for the 'redundancy' is your complaint about the manager not a genuine redundancy situation and that this redundancy situation has been contrived to find a fair reason to terminate your employment.
Am I likely to win this if I take legal action
It will depend on the evidence that his presented to the tribunal.The employer is required to disclose all evidence whether it goes in its favour or not.
as the conversation was "off the record" does that make any difference
no, not at all, the tribunal will be interested in the real reason for the dismissal. The fact that the conversation was 'off the record' makes no difference.
will I be intitled to legal aid?
will I still receive my redundancy money?
You can receive the redundancy money and still claim. you will need to appeal against the dismissal then raise a claim. It is unlikely you will be entitled to legal aid but if you have household.insurance it may well contain legal expenses cover which is worth looking at.
just one last thing can i appeal if I take voluntary redundancy or do I need to take to take the statutory redundancy
If you are being paid enhanced redundancy if you accept voluntary it is likely you will be offered a settlement agreement which will prevent you from claiming in the Tribunal. In order for this agreement to be legally binding it will have to be signed off by a solicitor, at your employer's expense. That solicitor will advice you and negotiate on your behalf a fair settlement, this is likely to be the best option as it will avoid the need to go to tribunal. If you are not asked to sign a settlement agreement then accepting money will not affect your ability to raise a claim.
Many thanks Jenny