Unfair Dismissal "Dressed up" as Redundancy

[deusadevas]

Hi,

I think the title says it all. I am a member of the Unions but for the past 3 days I have been trying to get representation for a meeting early next week with no success.

What would be the next option for me to get representation if trade union is unresponsive?

None of my work colleagues are knowledgeable to represent me plus that I work in the HR Department.

Thank all (I need some help here as I don't feel fighting this on my own but I truly believe I have a strong case of unfair dismissal)

[S10GTA]

The standard response contact ACAS. Have you been there longer than 2 years?

[Gargamel]

The purpose of having a second person present is both as a witness to what is said, and as a note taker, they don't have to be technically proficient, especially if you are already.

Read up on unfair dismissal before you go in.

Tell them in the meeting you will be recording the whole discussion

Ask as part of your settlement for the costs of a lawyer

Seek enhanced terms for redundancy, rather than a protracted battle for Unfair Dismissal - would be my advice.

[edc]

Looking at this more objectively, why do you believe the potential dismissal to be unfair? Is there some discrimination at play or is flawed process being used?

[Hughesie]

You have the option to defer the meeting for 5 working days if your rep cannot attend.

[xjay1337]

I think most "redundancies" are dressed up to a point.
There are always cliques and having been through redundancy i know that i was technically more proficient (i knew other technical product ranges) and just as good with customers, had more experience, i was the one out of the door between me and my mate.

He now works with me at another company now, so that doesnt matter lol.

[Moonhawk]

Happens all the time in the private sector.

If your face doesn't fit but they can't get you on poor performance or disciplinary issues (which take a lot of time to resolve anyway) - your role will be made 'redundant' and you'll be 'encouraged' to seek opportunities elsewhere.

Soon after they will have somebody else doing your role with a slightly different job title.

Hasn't happened to me - but I have known several people who have befallen this.

[sideways sid]

OP, presumably if you're made redundant you'll get some kind of redundancy package - often generous. If you're dismissed, you won't!

[Jasandjules]

Can you provide a little more information. If necessary email me.

[anonymous-user]

From a commercial perspective it's worth remembering that the median award for unfair dismissal has been fairly static at c £5k (current prices) for about 7 or 8 years, and that only about 20-25% of those at hearing receive any award (I think of the total it's around 5%-10%),around 30-40% are now ACAS settled, which does not imply a payment.

So unless there is a strong case and/or a protected characteristic or whistleblowing etc, then this is very much a commercial negotiation with the employer. By that I mean that you are effectively creating a bargaining position to help your negotiation.

Most firms don't want to go to court unless it's a principle issue for them or the demands are significantly out of line with their view of the reality of the situation and the cost to defend. Additionally if the the settlement of a single claim would trigger significant others, then defence is more likely.