Suspension from work due to reundancy Fair?

[geekay88]

Hi,

 

My wife was removed from her work place in August 2009, when her notice period started. When she was informed her notice period had started, her office entry pass was confiscated and she was escorted out of the office. We did appeal against the decision and a grievance appeal was filed as well. She was in between considered for a different role.. As a consequence of this the appeal meeting for redundancy and the greivance were postponed.

 

Her company also extended her notice period whilst she was sitting at home. When she got a contracting job offer, we rejected the extension to the notice period and asked the company to perform the grievance/appeal meeting in 3 days - which they disagreed to( they had the appeals for 3-4 weeks by then).

 

My question is this - once a person is removed from the premises on the grounds of reundancy and escorted out with all her belongings - I feel it is clear that the company doesnt want the employee to work there - is there any validity in an appeal meeting then - since the decision was made anyways.

 

Thanks,

Warm regards,

G88.

[raydetinu]

They made her redundant and gave her the required notice, which was? and then asked her to leave; ie not required to work her notice and receiving pay in lieu of notice.

You feel the redundancy was unfair! speak to ACAS or look on the redundanct website to see if they followed the correct procedres?

Anyway they will have to pay the full notice period, and should of when she was asked to leave. if she has another job then good for her, I would not want to go back to them anyway.

[geekay88]

Hi,

 

My question is - is there any point in the company removing my wife from the premises(including her belongings, like a person's last day at work) and then proceeding to conduct an appeal against redundancy - i,e; had they not decided on her future with the company coming to an end when she was shown the door?

 

The reason being they have now tried to settle out of court for a measly sum - my question is given the situation - that we did not wait for the appeal to be heard and that anyways she would too hesitant to accept the job again because she was removed from the office - would the employement tribunal uphold our claim?

[raydetinu]

What are going to claim at an ET, unfair dismissal, not following procedure in consultation prior to being made redundant etc. You may need to get specialist advice from a solicitor conversant with these practices.

In the very least you would all the payments for the notice period plus her redundancy payment plus an amount for non-procedure compliance?

I would gat advice first before making a decision, whether to go back and ask for higher acceptable offer or proceed to na ET hearing.

[geekay88]

What are going to claim at an ET, unfair dismissal, not following procedure in consultation prior to being made redundant etc. You may need to get specialist advice from a solicitor conversant with these practices.

In the very least you would all the payments for the notice period plus her redundancy payment plus an amount for non-procedure compliance?

I would gat advice first before making a decision, whether to go back and ask for higher acceptable offer or proceed to na ET hearing.

 

The claim is for racial discrimination and subsequent bad treatement - that my wife was particularly disadvantaged because she was a non-EEA national( a racial class).

[raydetinu]

Out of my league then; You defo need lagal advice IMHO.

[geekay88]

Actually my understanding is that while in due course her employment would end on the last day she was employed with the company(in spet 2009), the fact that she was removed and escorted out a month earlier , would be constructive dismissal - since the company had decided that despite her appeal she would not join back...in this case would a tribunal accept the case if the appeal hearing itself was not attended by her (despite being scheduled, due to the bad experience she chose not to attend and go through the whole process again). any thoughts from the experience people here?

[geekay88]

Could also someone state if there is a validity in going to ET1, if the appeal itself is scheduled but not attended by the employee?