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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49816
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Employment Law

I have recently been refused voluntary redundancy within the

Ministry of Justice and my... Show More
Ministry of Justice and my employers, despite requests, have failed to give me reasons for the refusal. I met all the specified criteria and similar colleagues have been granted redundancy. Where do I stand and how do I proceed?
Submitted: 2 years ago.
Category: Employment Law
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replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you have any idea as to why you may have been refused?
Customer reply replied 2 years ago.

I met the criteria set out and my argument is that I have not been given disclosure as to why my application was refused.

I have a grievance appeal hearing in London on 23/04/15 to try to establish the reasons for refusal and need to know legally where I stand.

It appears to me that the process has not been fair or transparent but has been conducted under lottery conditions.

Ben Jones, UK Lawyer replied 2 years ago.
The issue is that voluntary redundancy has no guarantee of acceptance. The employer will offer the opportunity for employees to apply for VR and once they have received these applications they can decide who to grant VR to. Just because you have met the criteria and made an application does not mean that you are guaranteed the option of going down the VR route – the employer still has the final say as to whether they accept your application and they are entirely within their right to refuse it. Imagine a situation where every single employee applies for VR and meets the criteria – the employer will be left without a workforce, so they have the right to select who is granted the opportunity to be made voluntarily redundant.
Your only right is if the reasons for refusing you the chance to go down the VR route were discriminatory, That means it must be linked to a protected characteristic, such as age, gender, race, religion, pregnancy, disability, etc. If none of these factors apply then the employer is able to refuse your application even if you have met all the criteria and there appear to be no other relevant factors as to why they have reached that decision.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer reply replied 2 years ago.

I am fine with the employer having the right to refuse my application. However, the employer made a promise, in writing, to inform all refused applicants of the reasons for not being successful and has not done so, despite me having raised the question under the grievance procedure. What are my rights in respect of this.

Ben Jones, UK Lawyer replied 2 years ago.
Again your rights are rather limited. You can raise a grievance which you have done but if that does not succeed in getting the reasons then you can't really do much else. The only thing left is to resign and claim constructive dismissal but this act is unlikely to be serious enough to justify taking such action and making such a claim. Does this clarify things for you a bit more?
Customer reply replied 2 years ago.

No. Am I entitled to a disclosure where the employer has stated in writing that this will happen?

Ben Jones, UK Lawyer replied 2 years ago.
Yes but if they refuse you cannot force them to disclose what the reasons were. If this was a situation where they had actually documented these reasons and filed them then you could try and get the release of these documents through the Data Protection Act 1998, but again if they refuse then you will find it rather difficult to force them to disclose these, you have to go to court and it will not change your rights in this situation, you will likely spend hundreds, if not more on just getting a piece of paper - it will not change the position in terms of what happens with the VR
Ben Jones, UK Lawyer replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you