How a Redundancy Complaint Procedure Works

The redundancy process is heavily regulated. Violations, or alleged violations, of these regulations frequently give rise to complaints. Ultimately these end up at an Employment Tribunal.

Trying to Resolve Issues With Your Employer Directly

Before making a complaint to an Employment Tribunal, you should attempt to resolve matters with your employer directly. During the redundancy process, the company should normally offer some kind of appeal procedure to which you can make a complaint if, for example, you think you have been wrongly selected for redundancy.

If the internal appeal procedure is not applicable because, for example, you have already left your former employer, you should write to your employer setting out the terms of your complaint and asking for redress. You should wait at least 28 days for your employer to respond. If no response is received, you can then proceed to take the matter to an Employment Tribunal. Failing to properly explore the other avenues of appeal and complaint which were open to you in this way can lead to your petition to the Employment Tribunal being dismissed or any amount you are ultimately awarded being reduced.

How to Complain To An Employment Tribunal

To complain to an Employment Tribunal, you use the ET1 form. It is downloadable as a PDF file from the Employment Tribunal website. You can either print it out, fill it in and post it to your local Employment Tribunal or submit it electronically. You can also get a paper copy from any Jobcentre. Once you have submitted the form, you should get an acknowledgement that it has been received and be given a case number.

Pre-Hearing Procedure

The Employment Tribunal will write to your employer, asking for a response to your complaint. If no response is received, the tribunal may issue a default judgement.

If a response is received, the dispute may be referred to the arbitration service ACAS. ACAS may attempt to facilitate an agreement between you and your employer. When this proves to be impossible, the matter will proceed towards a hearing.

If a hearing is going to take place, and there are still significant uncertainties about the case, the Employment Tribunal may request information from either party to the dispute. You can also ask for information from your employer if you think it is necessary to your case. A pre-hearing review of the case may also be held. You should be notified of this in writing and asked if you want to make written representations or attend in person.

Where your case requires witnesses and the witnesses are unwilling to attend, the Employment Tribunal can issue a Witness Order compelling them to come.

Employment Tribunal Hearing

You will be given at least two weeks’ notice of the hearing date. The hearing is not absolutely guaranteed to take place on this date because earlier cases may run longer than expected.

Employment Tribunal hearings are designed to be informal. The rules on procedure are far less strict than in conventional court rooms. Typically the hearing is presided over by a chairman and two lay members. The lay members are selected from pools of names suggested by trade unions and employers’ organisations. There will be one from each pool. Occasionally, a hearing will take place with only one lay member. This can only happen with your consent.

You do not need anyone to represent you at the hearing. However, you are entitled to be represented by whoever you like, whether a trade union representative, a lawyer, someone from the Citizens Advice Bureau or your cousin Pete.

During the hearing you will be allowed to say whatever you want and present or question any witnesses who are present. If you need advice on procedure, the tribunal staff will give it to you there and then.

Employment Tribunal Verdict

After the hearing the panel will withdraw to consider their verdict then usually return a short time later to deliver it. The decision is reached by majority vote of the panel members. Reasons for the judgement will usually be given at the time.

If you do not accept the verdict, in some cases it is possible to lodge an appeal with the Employment Appeals Tribunal.

When the Employment Tribunal has found in your favour and awarded compensation to you, the amount should normally be paid to you directly by your employer within 42 days.

Redundancy Complaint Procedure – Conclusion

Most people find the idea of a legal hearing somewhat intimidating. But Employment Tribunals are deliberately designed to be accessible and fuss-free. If you have a valid complaint, therefore, don’t be deterred from pursuing it by fear of the formalities.