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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
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?
Is that an official policy with that employer or just something they said verbally?
was this minuted or included in any notes, correspondence afterwards?
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?
All the best