Hello has your employment already terminated?
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
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.
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.
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:
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.
Yes you would
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.
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
Many thanks and all the best