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Unfair dismissal - how to play early pre-lawyer stages

4 replies

TempusFuckit · 31/03/2014 21:43

Hi, hoping someone can answer some questions I have. I've just been made redundant, and think I may have a pretty good case for unfair dismissal. I'm going to try and get a free legal consultation, but before I'm likely to get that I have my first one to one meeting with management and I was hoping for advice on how to play it.

For background, I've recently come back from maternity leave and now my role is being made redundant and another, very similar one created. In the meantime, the guy who did my cover has quite obviously being groomed to take this new role (being invited to relevant meetings where I wasn't, etc).

I've also been told that a former colleague was told my my manager that he wanted rid of me before I even came back from maternity leave, and he may be willing to say this on the record.

For the meeting, I'm guessing it's best to keep my intentions to myself - is that right? I was going to ask them to clarify the exact differences between the two roles too. Are there any other questions worth asking at this point?

Thanks in advance :)

Finally, is it my right to take someone into the meeting with me - can this be anyone, and do I have to give notice? Can they veto my choice? Oh, and can they ask me not to make notes? They've done this previously at union meetings I believe.

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flowery · 31/03/2014 21:54

Is this your appeal hearing? In which case yes you are entitled to bring a colleague or union rep with you.

The new similar role, how was the selection process for that role conducted?

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TempusFuckit · 31/03/2014 22:04

We haven't even got that far ... Still at beginning of consultation process. And golden boy quit the same day redundancies were announced for a new job.

I now don't want to apply for new job if I can avoid it ... as I think manager will then find another way to get rid of me.

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flowery · 31/03/2014 22:21

Ok so if consultation has just started you haven't been made redundant yet.

Why do you think you would have a good case for unfair dismissal if you are made redundant? Do you think this other role is so similar it is basically your role and therefore the redundancy would not be genuine? Do you have any reason to believe you won't be selected for the role?

Questions to ask are how the role differs from yours and what the selection process is.

If you don't want the new job anyway would you not prefer redundancy?

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fascicle · 01/04/2014 09:40

Tempus, It sounds like you're making a lot of assumptions, triggered by second/third hand information regarding your manager's intentions (that could be true/untrue/taken out of context). And the person providing maternity cover, who you thought was being groomed as your replacement, has now left? (not sure how that fits in with your conspiracy theory!).

There is nothing from your posts to suggest an unfair process at this stage. I would keep an open mind, find out what the new job entails and consider applying for it.

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