Redundancy appeal advice

[Ozgirl75]

we recently made a staff member redundant and she is appealing this on the basis that the procedure wasn’t fair and thorough. We have a meeting booked for next week and I’ve asked her to provide details of why she thinks we weren’t fair and thorough. She is refusing to put anything in writing and has said that her union rep (it’s not a work union) has advised that she doesn’t have to and she’ll just tell me in the meeting.

So, firstly, does she have to? We’ve followed the ACAS process and it seems to suggest she does. Also, can you understand why she wouldn’t want to? I don’t understand why she would NOT want to put things in writing.

thank you!

Yes that’s what I was thinking of doing.

im actually very confident about the meeting as we have everything we’ll documented and we followed the ACAS procedure to the letter, but given that she may say something I’ve not anticipated I’ll be prepared to end the meeting at that point.

Yes I am - I’m not concerned about the outcome really as I know we have done everything correctly. It was more a question of why she wouldn’t be open and transparent. I can only assume she imagines she can spring something on me, but the process is very clear so I’m not sure what she could.

IMO If you have followed the correct procedure then is is no danger of her 'springing something on you'.

These meetings are subject to formal procedures & protocols and all attendees should have been circulated with all the information before the meeting. If she has a TU rep to support her then she should know that she can't just throw something into the mix to make waves.

Who knows or who cares why she chooses not to be open and transparent? You're not paid to be a mind-reader you're paid to oversee correct procedure.

As you have said if she chooses to throw you a 'curved ball' then you are at liberty to adjourn the meeting and ask for further information, and reschedule after it has been provided.

So if you are outsourcing the role it's TUPE

This is why people have an HR department

It’s actually not - I’m again being vague because it’s online.

@Ozgirl75 make sure you have a note taker, and if you can your employment lawyer. The note taker makes sure everything is written down and you can focus on the meeting.

As a pp said you can listen to her reasons and choose to not respond there and then. A second meeting can be appropriate or just respond in writing.

I expect her not giving you the reasons is because they feel it gives them an advantage. Expect a dramatic revealing of their case with a gotcha - first step is to summarise back each point so you have a bullet list, and then check and double check there is nothing else. This gives you a baseline if they start to throw in other things at a later date.

Thank you, that’s really helpful, I’ll do that.

I don't think you need a lawyer present, it just feeds into the drama. I would l explain that it's in her best interest to outline the nature of her appeal before the meeting so that it can be responded to in full promptly. I'd also encourage her to bring the TU rep to help her articulate the points.

As the appeal manager, you're not expected to address all the points at the meeting but can do so in writing afterwards. Just be open and explore the points that she wants to raise.

You can always consult the lawyer when you've heard the appeal detail if you think there's anything contentious. Settlement is always an option if you think there's any risk.

Good luck! (HR Manager)

@Ozgirl75 actually @thinend is right about the lawyer. You and a note taker doesn’t escalate the situation.