Just wondering if anybody on here has claimed unfair dismissal through being made redundant?.
I think I might have a case but just wondering what the procedure was?.
I’m not looking for hard and fast legal advice more of an overview of the process really.
Any info would be appreciated.
Cheers
Neilf
Only advice that can be given without details is to seek legal advice from an employment lawyer (guess you’re not in a union)
The rules depend on how long you have worked there in the first instance.
If you work for a large company, its not often they fall foul of the laws but its definately worth checking
Basically you have to have worked there for (I think) 2 years, your job has to be no longer available, proper discussions have to have taken place re alternatives etc, selection between you and others must have been fair and equal but most of these are open to interpretation so lead to grey areas.
If, for example, you are the only driver and the company no longer has a vehicle then its simple, an offer of alternative work or redundancy (length of service being in order) but if you are one of several drivers doing the same work shared out( normal in general haulage) then selection must be on a fair basis, there is no legal right to last in first out.
The criteria can vary from company to company but must be the same for all employees involved, eg length of service + accident record+ absenteeism etc.
you really do need proper advice.
I agree with del, it’s the job that’s made redundant and not the operator, if you think you have been treated unfairly then give this site a look acas.org.uk there is lots of free advice on there and if you can’t find what your looking for then call them, advice if free and it will be the right advice.
Good luck.
Anyone who wants to know the legal position regarding employment law can phone ACAS.They are in the phone book.They wont ask your name or your employers name.Tell them what the circumstances are and they will tell you the legal position and whether there is a case to answer.The information you get will be accurate and up to date and best of all its free.
The information is impartial and is available to employees and employers alike.
Before you all rush,I think it only applies to employment in Britain and not Europe,but not certain.
I have.
Sadly, the company gave me what I was asking for a couple of weeks before my hearing, forcing my hand into withdrawing the claim.
A lot depends on why you think you’ve been “unfairly dismissed” Is it about you, personally, or an issue about the genuineness or conduct of the proceedings/system ?
There are quite few fairly strict rules/procedures that need to be complied with - sometimes depending on the number of employees involved. Both by the employer and the employees.
The ACAS website is a good starting point, but I’m always a little wary of their advise. It can sometimes be a tad “woolly” and depends very much on the experience/knowledge of the individual being up to date.
dambuster:
The ACAS website is a good starting point, but I’m always a little wary of their advise. It can sometimes be a tad “woolly” and depends very much on the experience/knowledge of the individual being up to date.
I`m a bit surprised at that.The reason being,they are a goverment body and should be up to date.An employer can ask them if they have grounds to dismiss an employee and what they advise has to stand up at a tribunal.Likewise an employee can ask if he has grounds to go to a tribunal and again what they tell him has to be correct.
They were set up for the sole purpose of helping employers and employees conform with the employment laws to cut down on the number of cases going to tribunals.They can also intermediate before the tribunal case and help both parties to come to a settlement.
I nearly got caught several years ago when I dismissed someone after taking advice from a lawyer and the Chamber of Commerce employment expert.The ex employee took me to a tribunal.ACAS called me up and said they would like to come and see me.The guy came and explained how I had broken the law,what the outcome could be at the tribunal and as me and the other party were agreeable negotiated a settlement.
That was an expensive lesson and in the eighteen years since I have always taken their advice on employment matters.
I agree Gridley51. They should be up to date.
I did say they are a good starting point, and I did say that lot depends on the individual (that you talk to)
I can think of a couple of times in the last 18 months that we’ve (employees) turned to ACAS for both advise, and for information only to be given doubtful info. One in particular instance was that they - or, to be fair, the individual advisor - was totally unaware of most of the relevant terms within the ‘new’ TUPE rules in relation to sub-contractors and/or the existence of “economic entities” within a company. I say “new” - as in 2006
The other point I’d make is that you seem to a fairly reasonable person, in that you at the very least appear to have genuinely considered ACAS’ advise. Not all employers are such.
Gridley51:
Anyone who wants to know the legal position regarding employment law can phone ACAS.They are in the phone book.They wont ask your name or your employers name.Tell them what the circumstances are and they will tell you the legal position and whether there is a case to answer.The information you get will be accurate and up to date and best of all its free.
The information is impartial and is available to employees and employers alike.
Before you all rush,I think it only applies to employment in Britain and not Europe,but not certain.
I used them once but felt that the outworker that contacted me was more interested in avoiding a tribunal hearing than actuallly resolving the issue. She did not have her facts correct and made one or two errors. When I questioned the actual legislation she disappeared.
It may be better to get advice from more than one source, ie acas plus a union or other party that is neutral.