Redundancy appeal

(10 Posts)
Eggster Tue 26-Nov-13 20:28:57

Sorry this is brief, I'm careful to not out myself.
I wish to appeal against my redundancy but the deadline has passed last week. I wasn't going to appeal initially but have been advised I need to as may end up in employment tribunal.

How best to go about bringing this up? Do I just state I wish to appeal even though the deadline has passed, or do I just submit an appeal letter?

Can anyone suggest where I can read about how and what to write in an appeal letter?

I'm fully aware this will be a complete waste of time but it seems I need to follow the process.

Thanks in advance smile

flowery Tue 26-Nov-13 21:41:27

Well, what you write are the grounds you have for appealing. In a redundancy situation it will probably be failure to follow a reasonable procedure, unfair selection for redundancy, no genuine redundancy situation or a combination.

Why weren't you going to appeal before? Has new information come to light which has changed your mind? Whether it's reasonable for your employer to refuse to consider your appeal after the deadline may well depend on the reasons why the deadline was missed.

Eggster Tue 26-Nov-13 23:29:17

Thanks flowery. I wasn't going to appeal mainly because I have already demonstrated during the consultation period the reasons why my role isn't genuinely going away, to which I did not receive satisfactory responses. The decision has been made prior to the consultation, they were just going through the motions so nothing I was saying was going to make them reconsider.

Since I intend to pursue this legally, it suited me just fine that they have not responded properly. It proved I was right as they were unable to show otherwise.

New information has come to light at the end of last week, which again implies there is no genuine redundancy here. But mainly, I now want to appeal so that I do not jeopardise the future ET claim. I believe that not going through the full internal route could mean the judge can reduce the compensation award by up to 25%. I did not know that until today.

watfordmummy Tue 26-Nov-13 23:41:13

Sorry, but the reality is that you didn't appeal. The fact that they may not have followed correct procedure means that you should have appealed. it can obviously go to ET but you are aware that you have pay a deposit now?

flowery Wed 27-Nov-13 06:28:17

Ok, well thinking it would make no difference isn't a good reason not to appeal. An important principle of employment law on both sides is that either party should give the other reasonable opportunity to put things right, which is why you are expected to follow internal procedures before jumping to a legal claim.

All you can do now is put your appeal in really.

Eggster Wed 27-Nov-13 10:50:03

Thanks both. It's a bit complicated and there are a lot of details that I just can't write here that would help explain the situation.

Completely take on board comments about the appeal and was going to write today a letter asking for an extension when... my line manager called me for a meeting and said that seeing as I have less than two weeks at work left plus holidays owed, if I wanted to finish before my actual last day (but still be paid for the full period, I guess a sort of gardening leave) I can. Now that complicates things further...

flowery Wed 27-Nov-13 11:00:22

How does that complicate things?

Eggster Wed 27-Nov-13 15:25:01

Well, I suppose it doesn't. It will just mean I would have to act whilst not in work. Would make me come across as vindictive but perhaps I shouldn't care.

TheDoctrineOfWho Thu 28-Nov-13 23:37:13

Flowery is the expert ( I have been through a couple of processes but am not HR) but couldn't you submit the appeal letter tomorrow saying that you would like to submit despite the deadline passing in light of the new info? They may well allow you to appeal to make them look helpful at tribunal.

But - what is your ultimate goal? Do you want to go to tribunal or Are you trying to get further payment now?

Eggster Fri 29-Nov-13 11:43:55

Ideally I don't want to end up in tribunal, would be happy to settle smile

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