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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74417
Experience:  Qualified Solicitor
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I have a redundancy issue, Ipswich UK, I've had an at risk

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Hi I have a redundancy issue
JA: Where are you? It matters because laws vary by location.
Customer: Ipswich UK
JA: What steps have you taken so far?
Customer: I've had an at risk meeting
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

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

Please explain the situation in some detail

Customer: replied 1 year ago.
My firm have selected 6 people as at risk for redundancy. We were told in writing this would be based on their skills scoring, as well as a skills matrix, attendance and disciplinary records...

thank you, ***** ***** this further. What is the situation exactly?

Customer: replied 1 year ago.
i had a meeting yesterday to put forward my arguements. I do not qualify under any of the criteria set, I am top of the skills matrix, I have very low absence and no disciplinaries in 12 years...
Customer: replied 1 year ago.
plus on seeing their scoring for me, when questioned on the low scores I was given they had no evidence or examples to back them up, and said they'd get back to me
Customer: replied 1 year ago.
I am also aware of other members of staff that do fit the criteria they set out who are not at risk
Customer: replied 1 year ago.
I just wondered where I stand if they make me redundant?

Thank you. What are you ideally hoping for given the circumstances?

Customer: replied 1 year ago.
Ideally I'd like to keep my job as it is on the same pay, and have the decision to make me redundant reversed... if it comes to that

Thank you. Leave it with me for now, although please note it is extremely busy at present due to the ongoing situation so there may be a delay in replying, but I will get back to you at some point today. Please do not reply in the meantime. Many thanks

Many thanks for your patience. If you are unfairly selected for redundancy then you have the initial option of discussing their decision in any remaining consultation meetings or by raising a formal grievance with the employer. Once the employment has terminated you can appeal the redundancy with the employer. If the appeal is unsuccessful, your only option then is to consider an unfair dismissal claim in the wet within 3 months.

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

At any stage there is also a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with the employer as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.

Does this answer your query?

Customer: replied 1 year ago.
thankyou, do you think I have grounds to claim unfair if I don't meet any of the criteria they have set forward for the selection process?

The selection must be fair so if it is clear that it is not on these grounds, then yes that can indeed allow you to potentially challenge them

Customer: replied 1 year ago.
OK thanks for your help

All the best

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