Redundancy: did anyone fight for unfair dismissal?

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Long shot but keen to know if any career mums who were up for redundancy ended up bringing an unfair dismissal claim? Specifically

• they told me I had been pre-selected and it was down to a pool of just me before informing me of the redundancy process
• the criteria they used for scoring is a bit subjective: picking up on odd times where I could have done a bit better on a task. (1) I never had appraisals or written feedback so not reasonable for me to know to correct this, (2) they relate to aspects of the day-to-day job but didn’t inhibit the end performance of the project and (3) some of these types of tasks were only given to me, so the other pooled candidates wouldn’t have had this type of task
• There is falling business, yes, but the clients which have fallen away (as per their letter) are not any of mine.

I sense they determined it was me, and wrote feedback around it to suit. The outside around of redundancies a few months ago and a woman that got laid off then has been in touch to say she felt predetermined that it was her, and that the feedback was fudged.

2 lawyers feel it’s a bit fishy but generally wondered if anyone had been through the delicate matter of trying to point out inconsistencies?

I thought about it, but found that unfair dismissal would leave less cash in my pocket than redundancy. So just took redundancy.

Well a redundancy has to mean your position is no longer required, and no one else will be doing your job once you are gone. Is that the case?

This sounds like they want to manage you out, and are trying to avoid the long disciplinary process - which sounds like it wouldn't apply anyway

How many employees are there?
Do you have a HR department?
Are you in a union?

ACAS could be a good call for you to make

Oh really, were you there a long time then?

No. I had similar. They even made it nastier than it needed to be, but cleverly so. But my 2 closest friends are employment lawyers and we all agreed that it was so hard to prove and just wasn't financially viable / worth it, what I would get, for the trauma and hassle it would cause.

So sorry to hear this! I would have thought an unfair dismissal would have meant greater settlement v redundancy, so was but surprised. Very early days so perhaps I’ve a lot to learn. Hope you’re in a happier place!

Take the redundancy and move on with your life. A tribunal but more especially the time leading up to it (can be 2 years) is the most stressful and unpleasant thing. Unless you have an absolutely watertight case with solid written evidence to back it up then I wouldn't advise you to start down that route. Good luck with whatever you decide to do.

I would be really careful about fighting it. My husband tried and just wasted money and had months of stress. Take the best offer from them and concentrate on your next role.

I did. The tribunal process was horrible. So incredibly stressful and took over a year to resolve. I had a no win, no fee Solicitor so they did an excellent job of getting some money for me. I eventually settled out of court and won £7k, but after fees it was more like £4k. But I won't do it ever again. The stress of it had me calling 111 over my mental health. The money has helped, a little, but I didn't feel happy about getting it and I've burnt all my bridges in terms of getting a reference for future jobs.

My husband did it with help from his union. Pool of 1 as well. I can’t disclose the amount as he settled (so confidentiality agreement in place) after the preliminary but before the full hearing. Let’s just say well worth it. He didn’t find it a particularly stressful process. The judge is trained to be sympathetic to self representation as well.

ill admit, we didnt consider the option as it was the whole dept, and the reasons used seemed ok ,

@Gardenlover121 may I ask - did you feel he always had a very clear cut case? And was it a job where performance could objectively be measured?

Very similar to your circumstances except he had had appraisals which had all been good. Some bits of his role could be measured but more of it was like you, with subjective bits. If you are only getting statutory redundancy and your notice, don’t sign a settlement agreement and then you can still go ahead with an unfair dismissal claim. Contact ACAS asap though as there are very strict time limits. Most cases are settled way before the full hearing, you can self represent to keep your costs down and many employers will pay out something to avoid the legal costs.

Thanks so much. Yes my work involves music, events, creative writing so it’s not like a job where you can objectively measure output or wins, as such.
I’m so annoyed. We were TTC…

To answer your question: I was there 10 years, pretty decent pay, and redundancy was one month per year. The first 30k redundancy is tax free.
Leaving at the beginning of a tax year was important to me so I could have some time off rather than get taxed.