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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68116
Experience:  Qualified Solicitor
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I have been going through redundancy and I have been offered

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Hi, I have been going through redundancy and I have been offered a different position within the company, it is a demotion and less pay. However, I feel that the entire process has been unfair and they have not been transparent about why I was selected for redundancy. It is a company I have worked for for nearly 11 years and the only document I have been provided with was 24 hours after my consultation meeting that had 4 bullet points and a vague scoring system. It has been confirmed that it was all done based on opinion of the line managers. That was admitted on a phone call with someone else that was made redundant but unfortunately she forgot to inform them that they were recording the call
JA: Have you discussed the demotion with a manager or HR? Or with a lawyer?
Customer: I have spoken to a manager but I would like to consult a lawyer as I feel it is unfair redundany
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 but not part of a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think that is everything

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.

What do you specifically want to know about this please? 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 12 days ago.
Hi,Because of the transparency and becuase myself and others believe that because it is opinion based and not evidence based (another had this on audio but forgot to tell them the meeting was being recorded) then could this be grounds for a tribunal.
I have attached the document I was sent 24 hours after my consultation meeting regarding my scores and how I was selected. I feel that by only being provided with it after our only consultation meeting then I was unable to prepare throughly for the meeting. As you can see the categories are quite vague and we have asked for further clarification on what the category specifics are but the stock answer has been "its a broad range".I am currently trying to look at all options that I have before me as I feel that the offer of a job that I was promoted from eight years ago is insulting. Therefore I want to either rule in or out the option of a tribunalI hope that all makes sense

Thank you. Selection criteria will often pose questions and challenges but legally it is down to the employer to decide what criteria are used. All that is required by law is to ensure that the criteria are fairly applied. They should, wherever possible, be objectively justified, but that is not mandatory. Ideally, some independent data should be used to arrive at the scores, like appraisals, performance feedback over a period of time and so on.

However, if you were to go to tribunal, they cannot substitute their own view of the selection criteria – all they can do is look at the criteria chosen by the employer and decide if they have been applied fairly and consistently.

If you believe you have not been scored fairly, you should continue discussing this with the employer during the consultation period. After that, if the redundancy is confirmed, you can appeal to the employer, before eventually looking at potential unfair dismissal in the Employment Tribunal.

Does this answer your query?

Customer: replied 12 days ago.
Thank you for this information so much clearer in my head now. We still feel that the process as a whole has not been transparent, despite several attempts at clarification. How much does the law expect the employer to clearly share the redundancy proceedure with the employees at the begining of the consultation period. I only ask this because I was not given my scoring until 24 hours after my only consultation meeting, which was on the same day decisions were being made about our futures. Therefore, myself and others were all unprepared for our consultation meeting.Thank you

The law is not that specific unfortunately. You need to know how you will be scored and also know your scores, but there is nothing specific about exactly how much you must be given in terms of details. The consultation must be meaningful so you need to have some transparency on the process and scoring exercise. If you believe that you were not given enough time, you can always ask for an extra day or two if needed and negotiate with the employer over it

Customer: replied 12 days ago.
Many thanks for all of your help, it has been much appreciated

All the best

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