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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 59667
Experience:  Qualified Employment Solicitor
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Assistant: Was this discussed with a manager or HR? Or with

This answer was rated:

Hi Pearl
Assistant: Was this discussed with a manager or HR? Or with a lawyer?
Customer: Manager + a letter from hr
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Employees and consultants
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Yes. My employer set out selection criteria for voluntary redundancy and then failed to apply those criteria consistently.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked there for

Customer: replied 3 months ago.
Hi Ben. 21 years

Thanks and what actually happened?

Customer: replied 3 months ago.
The company offered voluntary redundancy to all members of my department. I applied for it and my application was rejected on the grounds of strategic importance. I have since learned that 2 colleagues who are objectively equally strategic had their applications accepted after initial rejection. The reason for rejecting my application now appears invalid
Customer: replied 3 months ago.
I intend to challenge on the basis of an unfair selection process

Thank you. the issue here is that with VR, the clue is all in the name – it is voluntary, both on the employee’s side and the employer’s alike. So the employee is left with the choice of whether to apply for the opportunity to go down VR, but at the same time the employer is left with the choice on whether to accept such an application and on what grounds.

They may have indeed applied the selection policy incorrectly but that is their prerogative - there is no guarantee that your application would be accepted in the first place. The main rights are that you are not treated unfavourably due to factors like gender, age, race, religion, etc. That is when you can legally challenge it, however any other reasons would only allow you to make an internal grievance and leave the decision with the employer.

Does this answer your query?

Customer: replied 3 months ago.
Does it make a difference that I am male and both colleagues in question are female?

As you can appreciate it can be just a coincidence and nothing to do with gender. However, if there is any evidence that gender was a factor behind their decision then that is when it can be potential discrimination. Hope this clarifies?

Customer: replied 3 months ago.
There is no evidence that gender is a factor. One more question. I intend to appeal anyway. What is the best way for me to proceed?

It is your right to appeal if you are not satisfied with the way this was dealt with and think it was not done fairly. If the appeal is rejected though, your only options are to either accept the decision and move on, or resign and try a claim for constructive dismissal, although that would be somewhat risky in the circumstances

Customer: replied 3 months ago.
Ok, thank you

All the best

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