Should I fight or move on?

[Helpsos1]

I was made redundant a few weeks ago. It was a job I really liked, and losing it has made things very hard. We pulled out of a mortgage and I’ve changed my career plans. I had to get a job ASAP in a field similar but not what I’m actually experienced or interested in.

There’s no question the redundancy was unfair. There were holes throughout the consultation process and it was very clearly contrived to get rid of only me, despite my colleagues doing almost the same work. I want to make them admit that, and maybe get some compensation. I couldn’t go back there after how they treated me, even if they offered me my job back.

CAB said I have a very good case, but if I took my old employer to a tribunal I would win nothing even if I won the case. This is because all they can give me is redundancy pay (which I have) and loss of earnings (and they wouldn’t have to do this as I have another job).

I was thinking of going through ACAS but is it pointless? Will the company dig their heels in as they know they have nothing to lose even if they did lose? Should I just move on or stick up for myself?

For reference, this is a very well known company.

ANYone?

If you feel it was unfair I would seek some legal advice and make the company feel uncomfortable as you stress your claim. You will gain satisfaction from them having to admit you were unfairly treated. It will also make them think twice about their processes and protect other employees.

It depends on what you need for closure, I suppose. If you have a good case, it might be worth doing to stop them doing the same/similar to others. I'm surprised you aren't entitled to any kind of compensation if they've dismissed you unfairly. If you aren't, though, surely you're better off moving on; the legal fees would come out of your compensation, so if there's no money in it you won't be able to get representation. Getting an initial consultation with an expert solicitor might give you a better steer.

Move on - let the best revenge be a happy and successful future. If there is no possible financial benefit possible for you then the only thing to gain would be heartache if you supposedly stick up for yourself. It isn’t fair and am sorry this is the case (I speak from experience! Professional and personal).

I'd take legal advice just so you know you have the full picture before moving on. These things have limitation periods and if you feel you have been unfairly dismissed then you could settle the claim for more than you're entitled to just to make it go away for them.

So often, redundancy is about political connections and blind chance rather than any fair, rational process. I've been blindsided by this in the past - it was 15 years ago but I still remember how pissed off I was. In my case it was a mistake in another, related, area that meant a wide swathe of people were shedded, myself included.

I recommend moving on. If they are making dodgy/arbitrary redundancy decisions, it's a big flashing warning sign that you don't want to work there anyway. My old workplace has been distinguished by its mediocrity in the years since they cut me off, so I have no regrets nowadays. The best revenge is living well.

I took an unfair redundancy and also received a separate settlement pre tribunal.

Mine was a large well known co. And I'd suffered indirect and direct discrimination that I could prove.

It needs to be a big issue that would cause reputations damage.

I was offered a poor settlement but once I explained it was about the truth and I was inviting the press to my tribunal it got professional and sorted.

My old employers set aside 2 days to argue I should not receive more than redundancy but I settled in advance under fair terms.

Each case is different. If you have a union, use their solicitor and you must file within 12 weeks of leaving or it's all over.

All the best as it is extremely stressful if you proceed.

Check if you've got legal cover on your home insurance, you might then be covered to get some legal advice. It's hard for us to advise without the specific details.

I did put in a claim through ACAS for my redundancy, and settled in early conciliation. I wouldn't have gone to tribunal but I got a very nice settlement amount. I had nothing to lose by doing so. So if you think you've got some valid points then might be worth pursuing.

if I took my old employer to a tribunal I would win nothing even if I won the case. This is because all they can give me is redundancy pay (which I have) and loss of earnings (and they wouldn’t have to do this as I have another job).

This is the reason why you need to let it go. You don't have a case. Been there got the T-shirt. Sorry you have had a crap time.