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Unfair Selection for redundancy

I am being made redundant in the middle of next year. I have taken some advice and I should have a case for unfair selection. I have verbally called out to H.R. that I felt the process was unfair. I have asked for an acknowledgement of my calling it unfair but don’t expect them to do it. They are reluctant to put anything about the process in writing. (1)Do I need certainty about the Company knowing that I have called this out as being unfair now that I wish to pursue this at the time when I am ultimately made redundant? (2) If the Company and I mutually agree that I go before the scheduled time does this effect my right to take an action? Thanks, Matthew.

Hi Matthew,   I am sorry to hear that your position is being made redundant in the middle of next year.   Although it is poor consolation at least you are getting six months notice and have time to look elsewhere if that is possible. 

 

If you believe you have a case for unfair selection then that unfairness stands whether or not you tell your employers at this stage.   You can if you wish put that in writing to them but I would say that there is no need for that – it is up to the employer to prove fair procedures in every respect (not just unfair selection)  and if you decided to take a case it would be up to them to prove that you were fairly made redundant and in the absence of that it would be unfair dismissal.

 

To answer your specific questions -  firstly there is no obligation on the Company to acknowledge your assertion.   In fact if I were representing the Company I would advise them against it because it might compromise the process of consultation that is going on within your Company  and in relation to your second question,  if you mutually agree before the scheduled time and there is a financial payment or other circumstance which makes the situation a voluntary redundancy then a voluntary redundancy accepted with your consent will probably remove any right you have to take action.

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