Redundancy. Is this reasonable do you think?

[EvangelicalAboutButteredToast]

I’ve just been dragged through an absolutely bizarre redundancy consultation which I believe I may have grounds to appeal.

I was told yesterday at 2pm that I had been selected for redundancy - by phone call. I was then expected to come into work the next day (today) where they tried to speak to me and I said I was considering appeal. The redundancy letter was sent to me yesterday at 2.03pm and I’ve only just read the letter properly to see what the procedure is and I’ve just read they expected that letter returned saying yes or no today, by 4pm! I am quite shocked and ChatGPT doesn’t think that is standard behaviour but I’m wondering if anyone else thinks that turn around is usual?

There is no specific legal rule saying “an employee must be given X days to decide whether to appeal.” However:

• demanding an immediate answer (for example within 24 hours),
• refusing reasonable time to seek advice,
• or pressuring someone to waive appeal rights

could potentially support an argument that the process was unfair, particularly if the employee has 2+ years’ service and may have unfair dismissal rights.

Its 11pm at night....

Are they expecting it and the deadline passed already? Or its 4.30 on Saturday?

They wanted the letter returned saying yes or no today at 4pm. So 26 hours after they sent my redundancy letter, when I haven’t even got my head straight to decide if I think I have the evidence to appeal and haven’t yet spoken to ACAS. I am shocked but maybe I’m being unreasonable.

In fact reading ACAS guidelines they haven’t even met with me privately to discuss it which they are meant to if less than 20 employees are being made redundant. I had one phone call. One email and obviously the immediate demand for a decision.

assuming you are in England they have not followed the correct process which is you meet with the impacted individual to explain there is a proposed change which puts their role at risk. You then consult about the proposal, alternatives, redundancy terms etc and then they give the outcome. You can then appeal at that point.

do you have any relevant protected characteristics - recent maternity leave, disability etc?

Honestly as much as people dont love AI, I found chat gpt really useful. So I was in a similar situation a redundancy that was handled awfully, ended up finding a solicitor but the solicitor and chat gpt mostly aligned and sometimes with the info I got from chatgpt it made me more confident to ask my solicitor to be a bit more bold and I ended up getting a larger settlement than the solicitor even wanted to start negotiations at. So it definitely had value for me.

From my experience be sure to appeal in writing, you can also raise a grievance if there are issues. But I would advise getting legal advice asap because mine advised to put in an appeal and helped with the wording and that formed a reasonable part of my case so advice as soon as you can is worth it. I spoke with 3 solicitors on a free 30 minute consultation and went with the one I was most comfortable with, he wasnt local but wasnt necessary to be as its all been handled over the phone and email.

I do have a solicitor friend that I can run it past. My concern right now is they requested I tell them yesterday afternoon and I didn’t. I’m wondering if that gives them the right to jump straight to acting like I accepted redundancy

The fact you haven't answered doesnt mean you've agreed to it. But there is compulsory redundancy and voluntary. Usually if there is going to be redundancies people have an idea if their job is going to be at risk.

The consultation has been run somewhat correctly. The beginning was fine. A bit was missed out in the middle and it accelerated hard at the end.

@EvangelicalAboutButteredToast It’s jobs that are made redundant. The ACAS guidelines are the law. If they have not followed their legal obligations you can speak to ACAS. So if your job has been selected as redundant fairly, is the process of talking to staff fair and is the redundancy settlement fair? Read up on this.