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RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3484
Experience:  LL.B (Hons)
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I would like to challenge my redundancy as unfair

Customer Question

I would like to challenge my redundancy as unfair redundancy. I have outlined my reasons in the attached document. My employer is asking me to sign the form and tick a box if I agree to redeployment. Should I challenge my redundancy before I sign this form? Please advice.
Submitted: 17 days ago.
Category: Law
Expert:  RJM Law replied 17 days ago.

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible.  I look forward to assisting you in this matter.

Thank you.

Expert:  RJM Law replied 17 days ago.

Thank you for the question.  You have the right to challenge the redundancy if you feel that it is not a true redundancy situation.  If that is the case and you do not wish to accept the redeployment offer then it could be viewed as an unfair dismissal, you can take legal action for this.

What you require 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 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/

If you require any help moving forward on this matter in the  future,  please do feel free to come back to us and I would be more than happy to assist.

Kindest Regards.