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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6430
Experience:  15 years experience of advising on employment law matters
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An employee was made redundant following a period of consultation

Customer Question

An employee was made redundant following a period of consultation on 18th December 2015. On the 16th December the individual was sent a letter notifying him that he was entitled to 7 weeks notice (due to his length of service) Stat. Red @ 10.5 weeks plus bonus achieved before termination and also compensation for travel allowance (7 weeks). The individual was notified in the letter that if he wishes to appeal he had 5 days from the date of his letter to appeal (I heard nothing).
Shortly after Christmas he telephoned disgruntled about a his bonus however it was awarded at the higher end and to his advantage as it worked out. again he said he wanted to appeal and I told him if he wanted to he would need to write to me to advise as soon as possible as he was outside of the 5 working days to appeal as stated in my letter. After that call I never received anything from him. Over the past two weeks I have been receiving broken text messages to my landline from the gentleman. The last one was the end of January stating he wishes to appeal but wasn't available for the next two to three weeks and again to and part message which I can only assume is from him stating that as I haven't replied to him he has no alternative but to go to tribunal. As we never received anything in writing from the gentleman at the beginning of January and the fact that I have been off poorly for over a week and not been in the office to reply to his text messages. I am doing anything wrong by writing to him to confirm the above and to again advise that he is out of time to appeal against the decision or should we just hear his appeal (not that it will make any difference it just worked out that the candidate who kept his position but took on a little extra work is working out well) The position that was made redundant was down to running costs and slim lining some of the functions to enable to branch to function sufficiently but also to reduce cost as the business is currently experiencing a downturn on the past two years. We also closed one of our branches around the same time but in another region again due to cost and losing large contracts due to the current economic downturn.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Are you confident that you paid the correct bonus to him?
Expert:  taratill replied 2 years ago.
Is he now saying that he wishes to appeal the dismissal as well as the bonus?
Customer: replied 2 years ago.

no he just wishes to appeal against the dismissal

Expert:  taratill replied 2 years ago.
ok thanks, ***** ***** no legal requirement for you to hold an appeal out of time if you do not wish to do so. If he raises early claim conciliation you need to be prepared to argue both the substantive and procedural point about the fact that he appealed out of time. If he brings a claim he will not be able to argue procedural unfairness against you given that he has been given more than one chance to raise an appeal and has failed to do so. Is there anything further you would like to know about this?
Customer: replied 2 years ago.

No that is perfect - Thanks jenny

Expert:  taratill replied 2 years ago.
No problem, I would be grateful if you would kindly remember to rate my answer before leaving the site. :Thank you and all the best and feel free to request me by name if you have any further questions.
Expert:  taratill replied 2 years ago.
Hi Emma, is there anything further you would like to know as I note you have not yet rated my answer. Many thanks in advance.