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appealing redundancy - help!

6 replies

redundant · 07/06/2010 20:26

Hello, can anyone advise?

A week last Thurs, after a 30 day consult, and a selection process for some new jobs in a new dept structure, I was told I wasn't being offered one of the new positions, and was therefore going to be made redundant. I have a 3 month notice period.

Since then my employer has been asking for people to put in applications for PILON. They have said that the formal letter detailing everything will be given to us once leaving dates are agreed.

I am going to appeal my decision (and pursue an unfair dismissal claim if my appeal is unsuccessful). My Q is at what stage do I lodge an appeal? I have so far told them that I am unhappy with the decision and have asked for feedback as to why i wasn't deemed suitable, but they haven't given it to me yet (although have said they will).

Do I need to wait until I'm given my formal letter to 'appeal' as such? Or does what I have done already count as an appeal? I wasn't aware that I was allowed to appeal until acas told me, so am a bit confused about the order I should be doing things in, and don't want to prejudice any potential claim in the future, by doing something wrong.

Advice very welcome! thanks.

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greentea72 · 07/06/2010 22:35

your company should make apeal process clear to you as part of your consultation process. have you been given a copy of your companies redundancy policy. Your formal letter of redundancy should also make appeal process clear.

As I understand it you must appeal in order to progress an unfair dismissal claim, check you household insurance, once actually made redundant you may have leagal insurance. They may also have a free legal helpline - i found this invaluable when going through a similar situation.

Best advice I have had is "treat this as a procedure", as long as you follow your part of the procedures laid out by the company policies, you can't be doing much wrong.

Flowery or othe HR advisor will probabbly be able to clarify this.

RibenaBerry · 08/06/2010 07:32

Greentea- you don't actually have to appeal to bring a claim any more. That got scrapped about 12 months ago (but you did used to, you're right).

Why do you think that the selection was unfair redundant? Were there reps who had input in the criteria for new posts?

You appeal when you are given notice of termination. Has that happened yet, or have you just been told that you have been selected? If you haven't been given details of the appeals process, the easiest thing is to specifically ask how to do so.

redundant · 08/06/2010 08:54

thanks very much both for taking time to reply. So I was given notice of termination 27 May, but I haven't received a formal letter or anything yet because they were waiting for people to put in requests for PILON. Was I meant to appeal within 3-5 days of being told? I didn't know I could appeal till I did some research yesterday, but am worried I have missed some timeframe, after looking on the web.

I think its unfair because I tick every box on the job description and person spec of the job I applied for, and so should have been appointed as it was suitable alternative employment (they are now opening the post up to the whole organisation to apply for and then will recruit externally if needed).

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RibenaBerry · 08/06/2010 10:33

If you weren't told about the right to appeal, it owuld be difficult to say you are out of time. I would contact them now and ask how to appeal.

redundant · 08/06/2010 10:55

ok, thanks, I have emailed this morning asking what the procedure is.

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redundant · 08/06/2010 12:12

ok, I have to write to the director of our dept. which doesn't seem terribly impartial, as he's overseeing the restructure, but there you go. thanks for all your help, i may well be back once i have drafted a letter, for some more advice!

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