unfair dismissal case

[RichardW]

I belive I have a very good case for unfair dismissal. I was made redundant right at the end of November 2008.

 

They did not apppy their own grading framework properly, and have recruited someone else into my job within hours.

 

The company I worked for had to shrink. Who was to go was chosen more on politics rather than the ability to do my job.

 

I need some advice please.

 

It seems you are unable to get legal aid for employment cases (which is daft becuase most people are skint?).

 

In which case I may have to look for one of those "no win no fee laywers".

 

The likelyhood of getting my job back is about nil, as I think all the bridges are burnt now. Unfortunatly I have no choice as new suitable employment is proving very difficult to come by. And I still have a mortgate to pay etc. LOL

 

 

Anyone got a suggestion of a good firm to use or any other suggestions??

 

Regards

Richard

Edited January 18, 2009 by RichardW
typos

[tofwig]

you need to give more details...how long you have worked there for ect..if you have not worked there for a full year, you have no come back really as to being laid off....

[RichardW]

I worked for them for 3 years

[tofwig]

well i recommend that you contact your local acas office in the morning. does sound a bit iffy, that they got some one else in straight away. did they give you notice of laying you off? did you got some redundo? if you need help you have to spit your story out and give details

[pippadeee]

Yes ACAS will advise though I've found it depends on whether you get a goodun or not who answers your call.

 

At least with the no win no fee solicitors you will get a good indication whether you have a strong case or not. If they think your chances are 50% or less they won't take you on.

[Sidewinder]

Have you appealed against the dismissal? If not then you need to do so as soon as possible assuming that you were actually given the right of appeal. Does the replacement member of staff have the same job title as you did or was this an extension to their other duties? You say that they were recruited - was this from outside? Was there a job advertisement? Was there a pool of people selected to be at risk of redundancy or were you the only one? What consultation meetings did you have?

 

These are all relevant questions, and it is important to note that any legal action will also consider whether you exercised your right to appeal at the time as much as whether the process used or the dismissal itself was unfair. Redundancy may only be a fair means of dismissal if the employer can demonstrate that your job was no longer required or that there were fewer people required to do the work. The dismissal may also be unfair depending on the process of selection or the criteria used to select you from the pool of people at risk. If you feel that you have a case then you need to act quickly as the ET claim must be lodged within three months of dismissal. Have you tried CAB for a list of local solicitors giving an initial free consultation? That would give you a good indication of whether they think that there is a case to put before a Tribunal, and whilst it certainly helps, you do not need a solicitor to act for you - forms and other info can be found HERE

[RichardW]

Sorry guys, Ill wake up now and add some more details. Ill start from the begining.

 

I worked for a small company of around 30 engineers and 10 managers and back office staff doing network cabling and office moves for another very large comapny. All the enginners knew each other quite well and kept in regualar contact.

 

I'd been working for them for 3 years and the start of November when two managers came to see us saying that the credit crunch was begining to effect the comapny and they were looking for suggestions to bring in some money, otherwise they may have to start shrinking to balance the books.

 

About two weeks later all the enginers got letters with the framework on saying that the company had to shrink due the economic climate and all enginners weing bring graded against the framework and 5 enginners had to go.

 

I was not too concerned for my own job at this stage as their contract for the site I was working on was for 2 men, and my contract said it was for the site I was working on, with the odd trip to other sites. .

 

A consulation meeting occurred a week later where they gave my grading against the frame work, and asked me to put my case forward whether I agreed or not with the grading.

 

The way they graded me, would suggest that I should have been sacked years ago!!

 

I contested the whole thing as a farsical all the way though, as asked how they planed to fulfill their wider contractual obligations, which was met with er...erm.... . I metioned that fact that I did not have regular formal meetings with my line manger so how were they able to apply the framework with any accuracy?

 

I have no negative feedback or disiplinary proceedings to suggest otherwise. This is when I realised that the the grading for all the engineers was very close and things were getting very political and the chosen few had aleady been chosen and this was just lip service.

 

I sent written evidence down to prove that the grading was incorrect, and, of course it was subsequently dismissed as inadequate!

 

I ensured that I took a witness, who had worked with me for 3 years to ensure that the meeting minutes were correct and facutal things were disgussed, as things can get very heated and emotional.

 

On my way down to the second meeting (where I was to made suqsequently unemployed) my work college got a message on his phone from a manager from he main contractor we worked for saying they had had an email that morning from the company I worked for. At which point I nearly crashed my car into the central reservation of the motorway!

 

They were asking who this new person was and where the !!££$$ was I going with my 3 years site experience? It's a building with 3000 people in it.

 

 

I got 1 months notice pay + my remaining holiday entitlement + 3 weeks redundancy pay.

 

 

Thanks.

Richard

 

 

Three months you say?? I'd better get going this week then!!

Edited January 19, 2009 by RichardW
typo

[p_cas]

It sounds like the company has gone through a consultation period with staff and graded or 'scored' staff, which is what they should do.

 

I would have thought the only point you could appeal against is the grading system, if you thought it was incorrect or unfair.

 

I'm not sure that a client of the company will have any bearing on who gets made redundant.

 

I'm also sure that almost everyone in this situation thinks its unfair that it is them you has been selected for redundancy, thats only natural.

 

If you do think its unfair or incorrect it will cost nothing to appeal against the decision. Where you go from there will depend on the outcome of the appeal. Personally, I dont like no-win no-fee 'solicitors' but, as has been said, they will certainly give you an indication as to whether you have a case or not (though I'd say they'd probably want the odds stacked more in their favour than a 50/50 chance).

[breeze1996]

It looks like they paid you the right amount of money i think you don't have to pay tax on the months notice.

 

Was this person covering the job before as if he was or if he covered your holiday leave they can reuse him. I'm just thinking about what sort of case you can bring, as they paid you the monies you would have been owed and I just wonder in current times how much more you could claim and just how long it would take to get.

[patdavies]

It looks like they paid you the right amount of money i think you don't have to pay tax on the months notice.

 

 

Yes you do,

 

Redundancy payments (up to £30,000) are tax free, but pay in lieu of holiday and notice is taxable (and NI) in the normal way.

[Sidewinder]

Yes you do,

 

Redundancy payments (up to £30,000) are tax free, but pay in lieu of holiday and notice is taxable (and NI) in the normal way.

 

Although there is a loophole which is increasingly being used (which HMRC do not like it at all for obvious reasons) whereby an amount equivalent to PILON is paid tax free.

 

If the employee's contract refers to an entitlement to notice (and makes no mention of pay in lieu of notice), then where the employee is not required to work the period of notice to which he is entitled, a payment equivalent to PILON can be made tax free (subject to the £30,000 total ceiling). This is treated effectively as compensation for the employer not wishing the employee to work the notice period. In other words the employer breaches the employee's contract but pays damages for the breach. Compensation payments are normally tax free subject to the £30,000 limit and are increasingly used to top up an otherwise pitiful Statutory Redundancy payment.

[elche]

If the employee's contract refers to an entitlement to notice (and makes no mention of pay in lieu of notice), then where the employee is not required to work the period of notice to which he is entitled, a payment equivalent to PILON can be made tax free (subject to the £30,000 total ceiling).

 

This is right - it is treated as liquidated damages as the payment of it was technically a breach of contract - remember our contract had no PILON clause.

 

Thus, the argument goes, it is not an 'emolument' of employment and therefore not taxable.

 

Obvioulsy as SW says subject to the overall cumulative £30k ceiling.

 

Must admit, I'm no tax expert, and we always tell client's HMRC can at times be a law unto themselves, but this is my understanding of this argument, and I do hear this advised a lot!

 

Kind regards

 

Che