Official redundancy procedures not followed - what next?

[Prforone]

I was made redundant unexpectedly on Monday morning. Was told someone else was taking over my role, meaning no work left for me. Was told I would be paid over the statutory redundancy amount, I didn't have to work my three-month notice period and that a formal letter would be sent to me.

Having made enquiries with ACAS and an employment law solicitor, it seems correct procedures were not followed, ie., no consultation period, no suggestion of being offered something elsewhere within company. Also, I was advised to expect something to sign agreeing to the settlement figure they offered, and that it was the company's responsibility to pay my legal fees to have the offered looked over by a solicitor before signing.

Today I've received a letter from my employers, merely stating how much they'll pay me and that I should expect that money within the next seven days. Nothing to sign in agreement to it.

I'd been with the company fifteen years, it's a fairly big company and only two weeks ago I was asked to work an extra day because we were so busy (which I did). Last week I approached the manager of another department to say I could help with their backlog in transferring info from an old database to a new one (as I'd set up the original one) and was told that'd be great help as they were snowed under.

Something doesn't add up. Would I be right in taking this further, or should I just "take the money and run" (as was put to me so succinctly during my redundancy meeting).

15 years is a long length of service and should be reflected in the package offered to you.

My advice would be to begin to challenge the redundancy, which can be done now by 'appealing' the decision in writing clearly explaining to them their failings. You have a choice then to a) accept the offer them make (which may be increased) or b) taking them to an enployment tribunal (ET)

You may be able to do part of this without paying out for a solicitor, or approach a local HR consultant who will know how to challenge without charging significantly high consulting charges (circa £350 a day rather than an hour!)

An ET is a long process and can be stressful. I personally think if you appeal the decision (in writing) and make it clear how unfairly treated you feel, they may rethink their original offer and increase it or take you back. Have a think about what you actually want (a job or a good payout)

I don't understand how you can be redundant if someone else is taking over your role. If the role still exists, it could simply be unfair dismissal.

You are only redundant if you role no longer exists.

You have just been dismissed. They would be advised by an employment lawyer to seek a proper settlement with you. Their procedure is so shoddy they haven't got a leg to stand on.

By the way, you need an agreement they will give you a full and glowing reference and I would say at least 6 months full pay to find a new job.

Thinking this through a bit more.

I was once made redundant and they paid me an amount equal to the maximum statutory allowed under the law at the time for Unfair Dismissal. The gave me about half as a lump sum and was untaxed. they explained they had done this to make sure I would not claim unfair dismissal

For 2013 the limit on compensation for unfair dismissal was £74,200. That is the maximum you could claim unless it involves some form of sex or race discrimination. It may go up in 2014.

Who is getting your job?

If you are a woman and the person taking over is a man then you have that avenue to explore as well. Is this sex discrimination?

Employment Tribunals are extremely stressful and you have to go through an employers internal procedures first. Keep very good notes of everything and take important employment related documents and copies of emails home and keep them safe as you may need them in evidence. Be care not to take client lists or proprietary info or your employers property though.

Just to add a few points to what has been said (from an Employment Lawyers perspective)

1. I agree re get advice quickly and look at appealing.
2. Yes they should have gone through a consultation process.
3. If they do end up offering you a settlement agreement it is normal for the employer to pay some towards the agreement but it is not a legal requirement.
4. Technically they can make you redundant and fill the role if someone else's job is redundant. It is called bumping. Again however they would go through procedures.
5. You have to pay fees now to go to an ET. First when you lodge the claim and then second before the claim goes to a full hearing. If you are employment and have no savings you pay not have to pay them. This is called fee remission.
6. MoreBeta is right re the tribunal limit however it is £74,200 or a years Gross Salary, which ever is the lower of those two figures. (This was introduced at the end of July 13.)

Have they given you the right of appeal?