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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48196
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My husband had been made redundant last week but a few thing

Customer Question

My husband had been made redundant last week but a few thing have happened during the appeal process which i would like advice on. Firstly we returned a letter saying that he was appealing against everything attendance, disiplinary,knowledge& skills and Attitudes. During the meeting with the manager the fist thing that was looked at was the score for knowledge & skills the manager felt when looking at how other people had scored on the same grade as my husband that there was perhaps wrong numbers on two or three areas. The manager said he would approach the line manager who had scored him and ask to look over his score. During the meeting my husband did not mention anything about any of the other areas of the appeal (attendance, disciplinary, attitudes) because the manager wanted this to be looked at first. The next day at work he was given a letter saying that the line manager was sticking to his score and he had lost his appeal. My husband who was more than shocked at this point approached the manager again and was told to go home and come and see him in the morning to discuss the other areas. My husband went back into see the manager the next day and was told that he no longer worked for the company. My husband approached the other manager and said that he may as well go home because their was no other person who he could speak to. The new manager said that he knew that he had put himself forward for another job in case he was being made redundant that he was to get himself together for and interview. There was another newly created post within the company but each employee had been told that they could only apply for one job? He did not say anything regarding the other appeal areas because he had been directed towrads the other job and did not want to rock the apple cart. Unforyunately he did not get the job he was told by the manager that he has scored better than the other person for the job but because of their product knowledge they had got the job ! The reason why we had appealed against attendance and diciplinary was my husband had a bad year of attendance in 2010 due to severe ear infections due to the factory changing to internal ear plugs. We had several months of battling and doctors letters to get him back external ear defenders. Health and safety dragged their heals for months over this. Because of the attendance issues he received a written warning. He was only offf work once in january 2011 and not at all after this. The company went back two years on attendance and used a bradford scale which i thought was only used on a 52 week rolling year ? Other members of staff who had more days off were given more points than my husband and also another menmber of staff on a warning was also given more points. I know that this is an awful lot of information but can you give me advice on what to do please. He has worked for the cpmpany for 19 years. The health and safety person and the HR who dealt with my husband and his "ears" no longer work for the company ! ! !
Submitted: 5 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 5 years ago.
Hello and thank you for your question, which I will be happy to assist you with. Please let me know what is your question about this?
Customer: replied 5 years ago.

Can we appeal against anything? What would your advice be ?

Expert:  Ben Jones replied 5 years ago.
Thanks for this information. I'm just going offline overnight but I will get to this tomorrow if thats OK?
Customer: replied 5 years ago.

Yes that is OK i look forward to your reply tomorrow.

Expert:  Ben Jones replied 5 years ago.
Thanks for your patience. If you have already tried to make an appeal directly with the employer and that has been rejected, or they are not going to consider any further appeals, then the only option you have now is to make a claim for an unfair dismissal in the employment tribunal. This claim must be made within 3 months of the date of dismissal.

The claim could consist of the following:
• Unfair selection and scoring process
• Failure to offer suitable alternative employment

If the claim is made it is for the employer to justify that they had conducted a fair procedure and that the dismissal was fair. However, as mentioned, it is your only option at this stage.

Please press Accept for the advice given so far. If necessary, I can then provide further advice and guidance as required and answer any specific questions you may have. Thank you
Ben Jones and other UK Employment Law Specialists are ready to help you
Customer: replied 5 years ago.

If my husband is in receipt of 12 weeks PILON (payment in lieu of notcice) if he accepts another job within this time period does he need to inform his previous employer. The one who made him redundant ?

 

Thanks

Expert:  Ben Jones replied 5 years ago.
was this notice period what he as entitled to under his contract?
Customer: replied 5 years ago.
Yes i think so, we do not have a copy of his contract. But the fact that they have given him 12 weeks PILON would lead me to believe that this is correct.
Expert:  Ben Jones replied 5 years ago.
No, he does not have to notify them. His employment has terminated and he is free to do whatever he wishes, including getting a new job