How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47418
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Ive have failed a reselection process current position as a

Customer Question

Ive have failed a reselection process for my current position as a TA in a primary school . A post I have held for 9 years and therfore have had a forced redundancy. Of which parents have now got a petition running to have me reinstated. I have since found out that within the process some of my answers were marked incorrect when they were actually correct. I have had several meetings with my union representative. His advise is to not to appeal. Although I did have a case and I felt some of the elements with in the process I have been treated unfairly in. Having had the extra points added to my overall score would have changed the score boundries. I would have then been in a position of joint place with someone else higher. Whilst I understand this would also be a diificult position to be in possibly returning to a place of work that obviously I wasnt wanted in. I have reservations about doing that anyway... what I would like advise for is.... has the process been fair and is there any thing else that can be done or should I just take it as it is?
many thanks Tracie Shaw
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello has your employment already terminated?

Customer: replied 1 year ago.
I have been given 9 weeks notice as of 7th july
Customer: replied 1 year 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.
Customer: replied 1 year ago.
My number is *****
Expert:  Ben Jones replied 1 year ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

Whilst the employer reserves the right to decide what section process and criteria they wish to use in the circumstances, they must ensure that it is applied fairly and consistently. So even if the actual scoring/selection method would have been considered fair, if the way the scores were calculated was not done fairly, the whole procedure can be deemed unfair.

So if you are confident that the answers you gave were incorrectly marked as being wrong when you have evidence to show that they were in fact correct, you are able to challenge this and ask for the scores to be corrected to reflect this. Whilst, as you have mentioned, that does not guarantee you would have kept your employment with them, it would have at least given you the opportunity to end up in a better position in the process and perhaps allowed you to challenge for other jobs with the employer.

If you still have consultation meetings scheduled, you can raise this in them. If you have concluded the consultation process then you can now formally appeal the redundancy. If the appeal is rejected, your only option is to consider an unfair dismissal claim in the employment tribunal.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take this further following appeal, 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 other Law Specialists are ready to help you
Customer: replied 1 year ago.
I am wondering if I have been given the wrong advise and should appeal. Are the school obliged to return my answer sheets if I request then?
I also believe that my observation answers have been changed as the notes I saw with the rep were typed up ones. My interview notes I answered but because I didn't use "buzz" words I was also marked down on that too... I'm wondering if I should appeal?
Customer: replied 1 year ago.
Or should I just cut my losses and walk away with my head held high with the support of my colleagues and parents.?
Expert:  Ben Jones replied 1 year ago.

You should be given your sheet if you wanted to check it. To be honest you have nothing to lose by appealing – it is your legal right to do so and if you believe you were selected unfairly then you should certainly consider appealing.

Customer: replied 1 year ago.
Once I am in receipt of papers and possibly decide against appeal can I then decide ton go down the route of unfair dismissal even though I do not want to return that place of work or would I have to return?
Expert:  Ben Jones replied 1 year ago.

Yes you can. If you appeal the only outcome you would be after is reinstatement. If you do not wish that and have reasonable grounds for not wanting to go back, such as lost faith and trust in the employer, you can skip the appeals procedure. You may still pursue a claim even if you have not appealed.

Customer: replied 1 year ago.
How do I go about that process as I feel that is the route best for me?
Customer: replied 1 year ago.
Although I have just lodged an appeal too... like you say I have nothing to lose...
Expert:  Ben Jones replied 1 year ago.

For an unfair dismissal claim you must submit the claim within 3 months of your last day of termination.

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.
If at appeal it is not over turned do I still keep my redundancy pay?
Expert:  Ben Jones replied 1 year ago.

Yes you would

Customer: replied 1 year ago.
Should my interview and observation have been carried out by more than just senior leadership team at school? Or at least my observation could have been filmed on school ISIS system. So it's not there word against mine.
ie. A governors present
A union represensation or somethingAnd when I was told I had not made the selection should there have been someone other than the head teacher and assistant head present?.. a union rep ?
Expert:  Ben Jones replied 1 year ago.

Nothing in law states who should have carried out the assessment so it is for the employer to decide that, as long as it is done fairly and objectively. Also nothing that says it should have been recorded – it is usually sufficient and accepted practice to have this done simply with a note taker. There is no legal right for union reps to have been present at any stage of the redundancy proceedings.

Customer: replied 1 year ago.
Thankyou so much for your support so far. I will carefully consider all my options. For how long am I able to keep my window open for correspondence with yourself?
Expert:  Ben Jones replied 1 year ago.

To be honest after today you will likely have to start a new question unless it is just a quick quesiton or two as a follow up

Customer: replied 1 year ago.
OK thank you so much . I will be definitely recommending your services and should I need to ... have no hesitation in returning.
Regards ***** *****
Expert:  Ben Jones replied 1 year ago.

Many thanks and all the best