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SolicitorRM, Solicitor
Category: Employment Law
Satisfied Customers: 5518
Experience:  Director and Principal Solicitor. UK
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18 years with my company and I believe I have been unfairly

Customer Question

18 years with my company and I believe I have been unfairly selected for redundancy process (the actual reasons still haven;t be shared with us). For the last two years I have led a disability network and spoken openly about the need for more support for mental health. I have further evidence that senior leadership do not take mental health seriously and I believe this is one of the reasons that I have been selected. How do I go about 'proving' this and where do i start?!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Virtual-mod replied 1 year ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Nicola-mod replied 1 year ago.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Expert:  SolicitorRM replied 1 year ago.

Hi thank you for your enquiry and patience. The best way is to start by having an informal discussion of your concerns with your immediate manager. Often they are able to clarify issues and look to resolve your concerns without escalating to a formal grievance. If you do not get anywhere with this then you will look to file s formal grievance.

Essentially you want to understand what is meant by unfair selection for redundancy. You have to establish that your dismissal is a redundancy first and as you have been given notice you should not struggle with this first hurdle. What you ask is whether the requirements of the business for employees to carry out work of a particular kind for which you were employed have diminished. You then ask whether the dismissal is “wholly or mainly” attributable to that redundancy situation - this is where your focus is when you suspect unfair selection.

It does not help that you have not been given much to work with, so it is not easy to guide you fully. However employers often use the following criteria, but this is not an exhaustive list:

adopted by employers include:

  • attendance record (you would want to ensure this is fully accurate and that reasons for and extent of absence are known);
  • disciplinary record (you would want to ensure this is fully accurate);
  • skills or experience;
  • standard of work performance;
  • aptitude for work.

The selection criteria needs to be transparent and objective. Some examples of when a redundancy may not be genuine and where your selection may not be fair are below for you again this is just as a guide, you will be able to look at your specific situation and see where they may have gone wrong:

  • if your employer has recently taken on other people, or intends to do so in the near future;
  • if you have been criticised about your performance and subsequently face a redundancy situation, this may indicate that your dismissal is more about your performance than a genuine redundancy;
  • if you are the only person being made redundant, or one of only a few in a large company;
  • if you are pregnant, because of your gender, from an ethnic minority, disabled, gay or of a particular religion, this might indicate you have been dismissed because of discrimination rather than because of a general need to reduce the workforce;
  • if you have had a poor relationship with your line manager, this might indicate you have been dismissed for a reason other than a genuine redundancy one

I hope this is helpful and I would be grateful for your rating at your convenience. All the best