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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 45376
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been made redundant do i have to go to appeal to take

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I have been made redundant do i have to go to appeal to take them to an industrial tribunal - unfair dismissal due to fabrication of evidence in the marking scheme and indirect discrimination due to being a single parent working part time and providing minimal part time options in the new structure

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. You do not have to appeal to the employer before making a claim in the employment tribunal but the tribunal may ask you why no appeal was made, especially if it could have resolved some of the issues. By appealing you are really only looking at reinstatement and the employer overturning the decision to dismiss. So if you strongly believe that you cannot return to work for them even if they offered you the opportunity to do so, for example because of unreasonable behaviour or other serious breaches, then an appeal can be avoided

Customer:

Hi Ben, that is what I thought and I do not want to be reinstated after they way I have been made redundant, after 30 years service, my line manager made up evidence and she would still be my manager if she doesn't get removed from role, and the roles they have created for part time colleagues are too far from home and involve working too many hours, they could have created roles in the area I live.

Ben Jones :

Just be ready to have to justify your decision not to appeal as they may ask you about that, but remember that an appeal is simply asking for reinstatement and if this was not an option in your circumstances then an appeal would have been pointless

Customer:

Would you advise that I raised a grievance instead regarding my line manager to highlight what she has done

Ben Jones :

this is something that should have really been done before your employment was terminated as a grievance following termination will have limited effect and does not have to be investigated by the employer

Customer:

thank you

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the service I have provided you with as that is an important part of our process. Thank you and all the best

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