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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74358
Experience:  Qualified Solicitor
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I am in a redundancy pool of two people. On the day I was

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Hi there, I am in a redundancy pool of two people. On the day I was given my scoring which I challenged, I found out the other person had already been told their job was safe. Is this allowed? I did not think anyone should be told they were safe until all challenges were concluded? Thanks
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: not yet, I want the facts before I discuss this with HR
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I’m an employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thanks

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.

How long have you worked there for? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 1 year ago.
Hi Ben, thanks for responding. I have worked there for 10 years.

Many thanks for your patience. What the employer has done is possible. although I have seen it done both ways – sometimes the employer would confirm those to be made redundant once they have completed the scoring, other times they have published the scores and continued consulting over them before coming to a decision. In reality, the law does not stipulate exactly which way things heed to be down and it is generally left down to the employer to decide. The ley is that the scores are fair and reflective of the truth and that you have been consulted over the redundancy, the selection and the scoring. Even if the other person has been advised that their job is safe, that could still be overturned if necessary.

Does this answer your query?

Customer: replied 1 year ago.
Hi Ben, thanks for the response. It answers the query in so much as there is no hard and fast rule as to which way round they should do this, however in my first consultation when they explained the process, they advised that at my second consultation that I would be given my scoring and then an opportunity to challenge that, I specifically said “surely at that point the decision has already been made, so what would be the point of challenging it” and they said that the decision wouldn’t be made until the challenges were resolved, but clearly the decision was made before challenges were even heard! It just seems like this has not been a fair process and that the outcome was predetermined

Is that an official policy with that employer or just something they said verbally?

Customer: replied 1 year ago.
Something they said at the meeting, nothing in relation to timescales of being you are still at risk or not as risk is documented in their policies

was this minuted or included in any notes, correspondence afterwards?

Customer: replied 1 year ago.
I am still waiting for the notes to come through to see if it was in there

Ok, ideally you want it in the notes so you can refer back to them and challenge the employer over it. You don’t want it being your word against their, which they can deny it was ever mentioned. Another thing is that the only way to challenge this is through an unfair dismissal claim, but if the employer can show that even if you had challenged them before the decision, the outcome would have been the same, any compensation can be reduced by up to 100%. Therefore, this is an argument that is only useful if the challenge would have clearly changed the current outcome

Does this clarify things a bit more for you?

Customer: replied 1 year ago.
it does, thanks for your help with this

All the best

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