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RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3219
Experience:  LL.B (Hons)
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I have received a redundancy warning letter and I had a

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Hello, I have received a redundancy warning letter and I had a meeting with my employer. I wish to find out if the reason for my redundancy is genuine and if I can appeal againt it.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have discussed this with a manager
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
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My job role is a Warehouse Administrator. I have been on furlough for 2 months now. I have been told that there is not sufficient work to sustain my role but my job still need to be done and is being distributed between few people in the company.

Hello my name is ***** ***** I will be the expert assisting you with this matter today

Please note there may be delays between messages as the experts on this website are all third party and are not on here full time.

You will also receive a request for a phone call. This is automatically generated by the website. I would be happy to facilitate a phone call with you however, do note that there will be a premium service charge should you accept this, you of course, do not have to click the phone call option.

Thank you

Do you have a copy of the letter you have received. How many others are being made redundant?

I am going to be offline for the next few hours but will pick this up this evening I hope that is ok. Please keep an eye out for my response.

Customer: replied 1 year ago.
I do have a copy of the letter. I have been told that some people are still on furlough and that the company doesn't know yet if there will be more redundancies.
Customer: replied 1 year ago.
No, please don't call me.

No problem, I am just heading out but if you could upload a copy of the letter then I will refer to you this evening.

You can ignore the phone cal request as it is automatically generated by the website.

Customer: replied 1 year ago.
File attached (P564157)
Customer: replied 1 year ago.
this is my reply to the letter
Customer: replied 1 year ago.
Another employee is being trained to do my job.

Ok so if another employee is going to take your job then this is an unfair dismissal and not a genuine redundancy. In which case you can make a claim to the employment tribunal. You will firstly have to raise a grievance. Beware of your timeline as you have 3 months minus one day from the date you are dismissed.

What you need to do is initiate the workplace grievance process. You will want to present all your evidence and points you wish to make at the grievance interview. If you get a response from them that they don't agree with you they will have to tell you why. You then will have to appeal this outcome and can then explain why you don't agree with their findings. If you then still do not obtain the resolution you want, but feel it is wrong. At that point you will have to raise early conciliation with Acas. You can do so here; https://ec.acas.org.uk. The conciliators at Acas will contact your employer and indicate to them that you have started the conciliation process. Acas will mediate the issue and see if they can help resolve the matter. If they cannot resolve the matter then they will close conciliation and issue you with a EC Certificate. This is the first step in the legal process and once the EC Certificate has been issued you can make an application to the employment tribunal if you wish to do so. Please be advised that there is a very strict time to make an application to the Employment Tribunal which is 3 month minus one day from the date the issue arose. Do also note that this time limit gets put on "pause" while you are going through the Early Conciliation process.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be paid for my time from the website if there is no rating left for me.

Many Thanks

Ross

Customer: replied 1 year ago.
Thank you very much for the answer to my question. I do have another one. In the meeting I was told that it only takes 3 hours a day to do my job. My working hours are 9am-5pm with an hour unpaid lunch break (which I didn't agree with). Customers are sending orders throughout the day, it's not possible to calculate how much time it takes to do my job each day. In the spare time, I was helping other departments in the company, ususally helping in the warehouse unloading containers, shrink-wrapping the pallets etc. Does that change anything? Do they still have the right to made my job role redundant claiming that it's not a full time job?

No, your job is your job and it either exists or it doesn't so if they are training someone to do your job it is an unfair dismissal. If they are claiming that it is only a 3 hour job then they would still have to offer you this job, as they have to consider any alternative roles prior to making you redundant. I would follow the advice I have given you above.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be paid for my time from the website if there is no rating left for me.

Many Thanks

Ross

RJM Law and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello Ross, I will follow your advice, thank you very much. Of course, 5 star rating goes to you:) Have a good night. Many thanks, Joanna

Thank you Joanna, all the best and stay safe.

Customer: replied 1 year ago.
Good morning Ross, I am sorry but I need to ask another question, as I want to get things right.
They have not taken a new employee to do my job, it's an employee that has been in the company for over a year now and they are not giving him my job title. He's only being trained to do my job. Is this still unfair dismissal?
Customer: replied 1 year ago.
Hello Ross,
Please can you have a look at the attached and possibly tell me if this is a genuine redundancy? I have offered the Company a lot, they offered me nothing, looks like they are not even trying to think about alternatives for me.

Thank you I have offered further Q&A time. If you accept then please send a message back so I don't lose the feed.