How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74331
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I am currently appealling my redundancy on the grounds tgat

This answer was rated:

Hello, my name is ***** ***** and i am currently appealling my redundancy on the grounds tgat i wasnt consulted even once before my dismissal and there was alternative ways to avoid my redundancy that were rejected without any discussion with me
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have discussed this with HR and ACAS but the time oeriod tgat ACAS can be involved is up
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was an empolyee before my redundancy
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just that 4 ahifts needed to be freed up with redundancies but 2 people with 24hr contracts were dismissed so i dony understand why a reduction in hrs wasnt proposed

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.

Customer: replied 1 year ago.
Hi Ben, thats no problem at all. Thanks for making tge timd to talk to me

How long have your worked for this employer? Please also explain your query in some more detail. What process did your employer follow? What alternative ways are you referring to?

Please also tell me how long you have worked for this employer?

Customer: replied 1 year ago.
I was working with them for 2 years 3 months. There was no process followed, i recieved a text while i was isolated saying my job may be in danger. I text my manager that i was able to work agajn after my isolation period and was asked to come in for a meeting on the friday at 10am were i was handed my redundancy

Thank you, ***** ***** are you ideally hoping for given the circumstances?

Customer: replied 1 year ago.
The conversation i had with HR told me that tgey have no intention of making this rught as they tried everything to reject my claims, so i feel that the compensation route would be thd best way to go

Thank you. In a redundancy situation the employer should not only be able to justify that there was a genuine redundancy to start with, but also that there was a fair selection of those to be made redundant and that the rest of the process was fair (consulting with affected employees, offering suitable alternative employment, etc).

If the redundancy process was unfair that could make it an unfair dismissal and you have the option of challenging the employer over it. Initially you would be expected to appeal any formal redundancy decision directly with the employer. If the appeal is unsuccessful then it is a case of consider challenging the in the Employment Tribunal for unfair dismissal.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

https://www.employmenttribunals.service.gov.uk/apply

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 1 year ago.
that answered my question. Thanks for your time

All the best

Ben Jones and other Law Specialists are ready to help you