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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47884
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am currently subject to redundancy process. There are 2 of

Customer Question

I am currently subject to redundancy process. There are 2 of us and 1 position. I have been notified that I will be leaving on Friday 17 June. I had previously queried the qualifications of the other person who has far less experience in the role. I also brought to their attention that the other person is involved in another company and therefore a conflict of interest. This information has been ignored. Today I have discovered that the wife of our managing director is also a partner in this business and therefore I strongly believe that this selection has been unfair. I have requested a settlement agreement but this has been refused and I have only been offered statutory package. Do I have a case for constructive or unfair dismissal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year 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 1 year ago.

How long have you worked there?

Customer: replied 1 year ago.
Nearly 13 years
Customer: replied 1 year ago.
I'd rather do over text as children making noise
Expert:  Ben Jones replied 1 year ago.

OK no problem and 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

Customer: replied 1 year ago.
It's been over an hour since I heard from you? Do I have to pay £38 to speak to you to get a response?
Expert:  Ben Jones replied 1 year ago.

Hi, thanks for your patience. I am afraid I was travelling earlier which is why I could not reply straight away.

Going back to your query, do not consider constructive dismissal as that would be a difficult claim (it requires you to resign and then for you to prove that you had valid reasons for resigning). Instead, only concentrate on a potential unfair dismissal claim because in that case the employer has to prove that your dismissal was fair.

In terms of the fairness of the dismissal, the employer can decide what selection method to adopt in order to choose who they make redundant and who will stay. However they must ensure that the selection method is fair and reasonable and is based on objective criteria. There are factors in this case which show bias and potential subjectiveness and these could make the dismissal unfair. Whilst at first it may indeed prompt you to consider that no fair selection method was applied, if challenged in tribunal and the employer manages to provide evidence that they had used a fair and objective method, they could potentially defend this. It is impossible to say at this stage whether they will be able to successfully do this because I do not know what they can put forward as a defence, but based on what you know so far and what they have likely used as the selection criteria, that may not be that easy.

If they refuse a settlement agreement and the redundancy proceeds then you will have only one option and that is to consider making a claim. You will nevertheless have another last chance to negotiate with them before a claim is made and I can discuss that with you.

This is your basic legal position. I have more detailed advice for you in terms of the procedure you must follow to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for that. I've left rating as requested and would appreciate any further advise. Would you suggest I divulge the information regarding the other business interest tomorrow and use as leverage to once again request a settlement agreement
Expert:  Ben Jones replied 1 year ago.

Thank you. I do not think you have anything to lose by divulging that information, the worst is they say no.

After termination of employment you first have the chance to formally appeal with the employer. If the appeal is rejected then you have 3 months (from the date of dismissal) to make a claim in the employment tribunal for unfair dismissal.

A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

Customer: replied 1 year ago.
Thank you,
Expert:  Ben Jones replied 1 year ago.

You are welcome, all the best