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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44900
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My organisation just made over 25 people voluntary redundant.

Customer Question

My organisation just made over 25 people voluntary redundant. I had also asked for voluntary redundancy based on health grounds. 2 colleagues got it who also had health issues and I wasn't. I'd had a one to one meeting and was led to believe I would get it. However I was then told I didn't get it based on how much I cost. I want to know am I able to appeal this. Why were others who also cost same as me given the redundancy when I wasn't.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ben Jones replied 7 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 7 months ago.
How long have you been employed there?
Customer: replied 7 months ago.
Have been in employment for the last 8 years. However my continuos service is 16 years
Customer: replied 7 months ago.
To clarify I was tupe'd over from the NHS to this particular organisation
Customer: replied 7 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 7 months ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 7 months ago.
Many thanks for your patience. When an employer is offering the opportunity of voluntary redundancy, there is no guarantee that anyone applying for it would get it. If someone applies for VR then the employer would consider the applications and make a decision on who they will grant it to. When they make their decision they could use a wide range of factors to do so. It could be down to the skills they may wish to keep, it could be down to costs, it could be down to personality and performance. The key is that the employer’s decision must not be made on discriminatory grounds. In other words, thy should not deny someone the chance of VR on grounds of race, religion, gender, age, disability, etc. The fact that someone may cost more than others to be made redundant is not in itself a discriminatory reason. Also even if you had a disability, it may be difficult to argue that here because others with health issues were granted VR so you cannot really say that in general people with health issues were denied the opportunity of VR. So in summary, unless you can show there were discriminatory reasons for not granting you your request, the employer is able to pick and choose who they send down the VR route.I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

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