Redundancy/unfair dismissal claim

[zoemk10]

Firstly sorry for any typo's! In the course of redundancy they also took my laptop so using my phone!

 

I was made redundant yesterday following a 4 week consultation period. Basically myself & 6 people were under threat due a restructure. However they were creating 7 new roles which we had to apply for. I was a

manager with a team of 4, myself & 2 members of my

team were in the redundancy pool, (the other 2 do

completely different roles to us) the other 3 people

affected are operational support & we're sales. I applied

for the 2 sales roles, I'm qualified for both & have been

doing the job for 2 years with an excellent record. In one

of the roles I would lose all direct reports & in the other I

would've had just one.

 

I was informed yesterday that I was not being offered either role & was there for redundant. The reason given

for me not being offered a new role was because when

my boss asked me at interview what I would do differently

to what I've been doing currently he was apparently

"shocked" that I said I wouldn't necessarily make radical

changes. However I should point out that for the past year

as a business we have had no website, done very little

marketing & until october I was beig promised all of this

plus we were going to rebrand & had chosen new name,

branding, even corporate font! We have also been

promised new products which haven't come to fruition but

were assured they would be for these new jobs. So my

belief is with all of these things in the new roles I would

not necessarily need to massively change approach. I did

also say however that as I would not be selling &

managing a team I would be able to focus 100% on

building up my pipeline & I gave examples of how I would go about this. I reiterated this in the meeting but he said he just didn't think I seemed fully brought into the new plans. We were shown a 10 minute PowerPoint which went in to very basic detail so it's very difficult to fully buy into an idea without all the facts. However I did acknowledge the need to change, I did say I had been pushing for & working for change for the past year. He agreed I had said this & agreed mistakes had been made last year by him.

 

They gave the role with one direct report to someone who for the last 2 years has been reporting into me. This person also left last yr after becoming disolutioned with the lack of promises actually happening, he came back after 3 months.

 

So I feel very upset that I have been unfairly dismissed. I get the impression my boss didn't like me. He rarely said more than hello to me, often ignored emails from me and for the last 2 weeks has not spoken to me at all. Before Christmas I sent an email saying that due to the redundancy possibilities myself and my team were finding it difficult to fill our time, i said was there anything he wanted us to work on as we really wanted to stay busy, he ignored the email as did HR!!

 

I have been advised to appeal the decision but there is no way I could ever work for him again. The way I have been treated has broken all trust. However if I don't appeal will this go against me at tribunal? If i appeal & They offer me a job do I have to accept?

 

My job is such that to get similar on similar money I would need to go to London but I'm a single mum & it's just not practical for to be in London 5 days a week.

 

So sorry this is v v long but any advise greatly appreciated.

 

Thanks in advance.

Edited January 13, 2012 by zoemk10

[zoemk10]

Anyone??

[zoemk10]

Thanks for the link. I have replayed there and will let you know what happens. Although reading some of the posts it looks like even though I have been well n truly shafted I can't do anything about it!

[madari]

Hi

The tribunal will not accept your claim if you have not exhausted all internal procedures first, this includes the appeal against dismissal process.

 

As you probably know you have three months less a day from the date of your dismissal [yesterday] to lodge a tribunal claim which you can do on line.[the appeal process period is not taken into account, so dont be late with lodging your claim.]

 

Furthermore you will find that the appeal process will only be a `tick in the box `excercise and I personally wouldnt hold my breath as regards getting your old job back.

 

I also suggest that you put in a sex discrimination claim against the fellow employee that harrassed you to putextra pressure on your Ex employer.[this can always be withdrawn later once the nrespondents have replied to you claim]

 

Good luck

[zoemk10]

Thank you for the advice. I will look into submitting the claim online however ACAS advised me to do nothing before I receive my notice pay & meagre 2 weeks statutory redundancy.

 

Also confused about last paragraph about the sex discrimination bit???

 

Also I hope your right about the appeal being a box tick as I would rather sleep on the street than go back and work for him.

 

Thank you!

[madari]

Hi

I know that i am right about the appeal process, I also know not to trust ACAS.

 

Be very careful with what you discuss with ACAS [especially once you have submitted your ET claim]they are all overworked and will do anything to get your file off their workload as soon as they can.

 

I am also concerned that ACAS have told you to do nothing before you receive your `notice pay....`

 

What if they dont pay you until after the three months have elapsed? like i said forget Acas and take control yourself thats if you want to get anywhere with your case.

 

Good luck

Edited January 15, 2012 by madari