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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 67806
Experience:  Qualified Employment Solicitor
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I am being made redundant and need advice on whether the

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I am being made redundant and need advice on whether the system will be fair if i consider that i will not get a fair hearing
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: Not yet
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee with 40 years at the company
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The person deciding redundancies is an engineer who was promoted to the managers position and i have had run ins with over department policy.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 2 day ago.
My manager will be leading the discussions regarding my possible redundancy. As i have said, i have had issues where we have argued, at each stage, i have copied my director in and actually made an informal complaint to my HR manager. The reason for my complaint was that my manager stated an incident where a complaint was made against me. I asked the basis of the complaint, who made it and when. He wouldn't give me details and that made me think that a comment had been made which was resolved in a telephone conversation, but he has blown it up to be an actual complaint. If a complaint is made, i would expect a meeting or disciplinary to discuss the matter. My HR manager agreed that i have a case for a complaint and asked me what i would like to do regarding it. I stated that i would prefer to try and work out our differences, but record my informal complaint should i wish to raise it again. this was agreed.My concern is that although i have ticked all the boxes on the matrix that they using to assess the factors for and against employees, i feel that i will not get a fair hearing because of 'off the record' arguments. As i have stated i have 40 years of experience in service and the general management of the department has deteriorated since the present tenure of my manager. The basis of my arguments have been over the general running and discipline in Service and that his management was showing tendencies towards cronyism. My major complaint being left with no work when others were kept overtly busy.I am now concerned that the present redundancies will be used to settle scores. This being the case, i feel that i will be treated unfairly. The real question is can i appeal that the procedure is handled by another manager other then my line manager as i feel i will be treated unfairly?

Thank you. Firstly, there is nothing stopping you from doing so now – you have nothing to lose by approaching the employer to raiser your concerns about this. The alternative is to let them go ahead with the scoring exercise and closely monitor how it is applied, then once you know the scores and how you were scored by your manager, to challenge them as necessary. You can also do both of these in turn – raise concerns before and after the scoring is done. Even after the completion of the scoring, and assuming it ends up in redundancy, you have another shot at challenging them through the formal appeals process, before you finally consider potential unfair dismissal in the Employment Tribunal if there are clear grounds for it.

Does this answer your query?

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Customer: replied 2 day ago.
thank you.

All the best