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How a Redundancy Complaint Procedure Works

By: Paul Geraghty - Updated: 10 Oct 2018 | comments*Discuss
 
Redundancy Complaints Legal Rights

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.

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I was made redundant in July last year I had worked for the company for 13 years full time.i went on maternity and came back part time on a different job role for about 11 months.i never got a new contract stating I was part time and my job role had changed.when I got my redundancy package.i got all my years service based onmy part time hours.is this right? How long did I have to query this as my employer said my redundancy money was correct
Tbird - 10-Oct-18 @ 6:05 AM
I've been told that due to restructuring in the organization my role is at risk of redundancy.But I know that a Director recently moved from India to the US to a new role and employed someone who does the same thing as me as is based in India. His role title is General Manager which is different to mine since appointment he's been learning from me and trying to asking for detailed information about what and how I do what I do so he can make sure others in India are following the process (which is what I was doing). Am I right in assuming, that if my role is at risk of redundancy, his role should be too; and that at the very least this should be acknowledge during consulation?
Steve - 26-Sep-18 @ 1:58 PM
In July last year, the company I work for, informed myself and two colleges that the business would come to an end as a contract with a Swiss company wasn’t going to be renewed.The contract was due to end in December, but was extended to June this year. In March this year, in several written communications, we were advised that we would be made redundancy on the last day of June and we would receive statutory redundancy and three months payment in lieu, which would be paid by the Swiss Company direct to us.With three weeks to go, my employer informs us that there was a misunderstanding in communication and that our final June’s payment is coming out of the three months plus statutory that the Swiss are paying us directly.Basically, he doesn’t want to pay us our salary this month as he wants to keep it for himself.After informing him that he has no right to do this, he said if we were not happy with this, he could pay us our June’s salary and just statutory, which for some of us was only four weeks and gave us two working hours to decide. All three of us responded, that we wanted the statutory plus three months and June’s salary at the end of June as agreed. His response is togive us an “official notification” (two weeks before the end date) detaling the weeks notice due (which is less than three months)and statutory pay out in figures.I now know that is what he legally has to do.Where do we stand, we have in writing in March what we are going to get paid and he changes this with two weeks to go?
Kimj - 17-Jun-18 @ 5:59 PM
StooVil666 - Your Question:
I've been in my employ 15mths,During the hiring process I was informed my role was a new one, as part of a restructure at the company - and that it was their structure for the future. As I wanted to get away from the uncertainty of contracting, I asked, and was assured, this would be stable, permanent position, 'unlikely to change for 5 years'.Now, they've decided it's not working, making me and ten of my staff redundant. They're saying 12wks till the first person leaves. Not only am I not entitled to Statutory Redundancy - they've suggested they're not offering anything else.I feel extremely mis-sold on the role. Do I have a case?

Our Response:
It is difficult for any company or anyone to fast-forward five years and give reassurances that situations will not change and your company cannot be held accountable for any verbal promises it previously made. Claiming unfair dismissal also has a qualifying period, please see link here. You’ll normally be entitled to statutory redundancy pay if you’re an employee and you’ve been working for your current employer for two years or more, please see link here . I hope you find suitable re-employment soon.
RedundancyExpert - 16-Mar-18 @ 11:26 AM
I've been in my employ 15mths, During the hiring process I was informed my role was a new one, as part of a restructure at the company - and that it was their structure for the future. As I wanted to get away from the uncertainty of contracting, I asked, and was assured, this would be stable, permanent position, 'unlikely to change for 5 years'. Now, they've decided it's not working, making me and ten of my staff redundant. They're saying 12wks till the first person leaves. Not only am I not entitled to StatutoryRedundancy - they've suggested they're not offering anything else. I feel extremely mis-sold on the role. Do I have a case?
StooVil666 - 15-Mar-18 @ 6:25 PM
6 weeks ago a high number of people in my job role had to be let go. I had a full time contract and was put through the legal redundancy procedure. I've recently had contact with the company and they have said that they are taking on temporary agency workers and gave me the details for if I wanted to come back. I was full time so My question is, are they legally allowed to do this?
not sure about this - 27-Jul-17 @ 6:29 PM
UnfairlyTreated - Your Question:
Started working in May last year part timeGreat results well rewarded always congratulated for my hard workApril this year went for a chat and told me the workload has increased and since I can't work full time (they assumed, never asked, claim they did but they didn't ) they have to let me go and that my position became redundant. They sent me a letter a week after (I was on holiday) saying the new employee will start on said day and they wanted me to do a handover. Never had a fair redundancy process, nor I had the contract, my boss also made a couple of uncomfortable racial and sexual comments during my year working there, to whose I politely reply and made clear they were unappropiate and on one of this I have his apologise by email. They also haven't paid my 30 hours I have been working from home during this time.Can I claim unfair dismissal and unlawful deduction from pay.Thank you

Our Response:
I think in this instance you may wish to give ACAS a call to see if you have a case.
RedundancyExpert - 29-Jun-17 @ 1:42 PM
Started working in May last year part time Great results well rewarded always congratulated for my hard work April this year went for a chat and told me the workload has increased and since I can't work full time (they assumed, never asked, claim they did but they didn't ) they have to let me go and that my position became redundant. They sent me a letter a week after (I was on holiday) saying the new employee will start on said day and they wanted me to do a handover. Never had a fair redundancy process, nor I had the contract, my boss also made a couple of uncomfortable racial and sexual comments during my year working there, to whose I politely reply and made clear they were unappropiate and on one of this I have his apologise by email... They also haven't paid my 30 hours I have been working from home during this time. Can I claim unfair dismissal and unlawful deduction from pay. Thank you
UnfairlyTreated - 28-Jun-17 @ 1:53 AM
Flower - Your Question:
I have been given notice of redundancy and given the opportunity to write a proposal to amend the suggested new structure. Whilst doing this I remembered that my job description does not match my current role. I was originally appointed to a temporary post which became permanent the job description that was given to me had my job title but the job description never matched my given responsibilities, even though this was repeatedly noted during supervision it was never changed to reflect my role.Now looking again at my job description it describes a new post on the restructure, does that mean that legally I cannot be made redundant? I have been told my a colleague that I may have a case for unfair dismissal but I'm not sure can you help please?

Our Response:
I think in this case you may wish to give ACAS a call for some direct advice.
RedundancyExpert - 23-Jun-17 @ 11:27 AM
I have been given notice of redundancy and given the opportunity to write a proposal to amend the suggested new structure.Whilst doing this I remembered that my job description does not match my current role. I was originally appointed to a temporary post which became permanent the job description thatwas givento me had my job title but the job description never matched my given responsibilities, even though this was repeatedly noted during supervision it was never changed to reflect my role. Now looking again at my job description it describes a new post on the restructure, does that mean that legally I cannot be made redundant?I have been told my a colleague that I may have a case for unfair dismissal but I'm not sure can you help please?
Flower - 22-Jun-17 @ 2:19 PM
Hi I was advised last Thursday that my job was at risk (along with 11 others), yesterday I went to a consultation meeting to discuss redundancy etc. I was advised that no one would be doing my role in my absence and that they were restructuring the company and that the role would be shared by project managers.Today I have learnt that they have employed a freelancer to cover my role...so this means what they advised me yesterday was a lie, do I have any come back on this?Any advice would be gratefully received. Many thanks.
free - 7-Jun-17 @ 2:16 PM
Last week at the end ofa lunchtime team meeting we were informed that some jobs were being put at risk of redundancy in my sub team of about 15 people. We were all told in a very off hand way that those impacted would be contacted by the "end of the day " (whether this was the end of the working day or by midnight was not made clear ) By choosing this approach and : - not informing the small handful of people actually impacted before the meeting - not settinga definite end time by which all those impacted would be informed - not sending an email to the sub team confirming that all those impacted had now been informed did the employer contravene the Health And Safety at Work Act which requiresthat it should always seek to minimise workplace stress ?
Fred - 22-Mar-17 @ 1:11 PM
Wagait - Your Question:
My son was made redundant after 14 years of service as sole site supervisor in charge of 33 workers. He was given no notice of his redundancy, and had to leave the premises immediately. The companies excuse for his redundancy was they were moving to another premises nearby (at this stage they have not moved to these new premises) and his position will be replaced by a manager from another premise (yard). Is this allowable that he can be made redundant when his position is still there, and be replaced by another employee from the same company who has no skills for this position.

Our Response:
Unfortunately, we are unable to answer your question as we are a UK-based site and have knowledge only of UK-based redundancy laws.
RedundancyExpert - 17-Oct-16 @ 10:25 AM
My son was made redundant after 14 years of service as sole site supervisor in charge of 33 workers. He was given no notice of his redundancy, and had to leave the premises immediately. The companies excuse for his redundancy was they were moving to another premises nearby (at this stage they have not moved to these new premises) and his position will be replaced by a manager from another premise (yard). Is this allowable that he can be made redundant when his position is still there, and be replaced by another employee from the same company who has no skills for this position.
Wagait - 16-Oct-16 @ 5:42 AM
The company I have worked at for the past 9 has or we were told we were going bust Thursday just gone. We never had any prior notice to this we were also told we would not get our wages for the mo th we had worked. I have just found out today the the company is still trading. Hence to say angry and confused not sure if we have any rights in this matter. The company employed less than 20 people. Any advice would be great.
Sambuka - 1-Sep-16 @ 4:26 PM
Hi the company I worked for ceased trading on 26/11/15.I worked for them 8 years. They gave me no notice of redundancy. The companies Insolvancy practitioners sent me the necessary information and case reference numberto apply online for statutory redundancy pay. My application was accepted and I was awaiting confirmation payment, however, I was then told that the company had not actuallybecome insolvant. I have spoken to the Insolvancy practioners many times and they keep telling me that they are waiting for important information from the company before they can proceed with the Insolvancy. Now A meeting of creditors has now been set for the 13th September, can I apply again for statutory redundancy ? I only managed to get a job in July and have been getting more and more in debt because I had only job seekers allowance to live off.Whenthe statuary redundancy was refused I was advised by the Insolvancy service to try employment tribuneral but I didn't not have the money to go down this route. I have nowbeen invited to vote at the meeting as a creditor but this is optional if I do not vote can I still apply for statuary redundancy from the NI employment fund? Thank you
Kjbar - 31-Aug-16 @ 12:33 AM
Hi i have been made redundant today after my notice period had finished and expected my redundancy payment to be made.however my employer has now said no funds are available to make the payment as they have applied for a government repayment loan and it has not come through yet and therefore i have no idea when i can expect payment. .where do i stand with this Thanks
Toffees71 - 20-Jul-16 @ 11:11 AM
My son had a meeting at work on 18/5/2016 where it was discussed that if funding was not secured, he may be made redundant. Yesterday, he was handed a letter to say he was redundant due to the fact that his skill set was no longer required in the work place. However, his colleague (boss' nephew) does exactly the same job and has been kept on. Surely if they were to keep one on they should have been reinterviewed for the post!Where does he stand? He's twenty one and been there for one year as an apprentice and two years as a trainer.
coco - 2-Jun-16 @ 5:57 PM
Tandy - Your Question:
I received a phone call from my boss on 03/05/16 at 6pm (out of working hours) stating that I should look for an important letter on my work desk. I was in such a shock when I opened the letter, it stated that my boss will be conducting a formal meeting on Friday, 6 May 2016 at 3.30 and my boss will be accompanied by my work colleague who will act as a witness.The letter stated that the meeting was in respect of the fact that organisation no longer requires the role of Administration and Finance Officer in its structure going forward and as I have less than 2 years service in total the organisation is not obliged to consult me in respect of a redundancy situation. The letter also stated that one of the possible outcomes of the formal meeting could be the termination of my employment.I have been working for this organisation for 23 months and I will be 2 years on 15 June 2016. There was no consultation about my role no longer needed in the organisation. I have just come back from 2 weeks sick leave due to miscarriage happened on 22/04/16 and my employer was aware of my situation until after 2 weeks returned back to work. I receive a shocking letter left on my work desk. Since of the shock of redundancy, it has broken me mentally, physically and emotionally. everyday I suffer from panick attacks.Could you please advise me on this matter.

Our Response:
I am sorry to hear this. I can only suggest you look at your contract to see what it specifies about redundancy. Also, if you think you may be being singled out and you are the only one in your company who is being made redundant, then you may wish to give ACAS a call to see whether your company is working within employment guidelines. While there are no set rules to follow if there are fewer than 20 redundancies, as an employee you should be fully consulted because if your employer is making you redundant unfairly you may be able to take the matter further.
RedundancyExpert - 17-May-16 @ 11:50 AM
I received a phone call from my boss on 03/05/16 at 6pm (out of working hours) stating that I should look for an important letter on my work desk.I was in such a shock when I opened the letter, it stated that my boss will be conducting a formal meeting on Friday, 6 May 2016 at 3.30 and my boss will be accompanied by my work colleague who will act as a witness. The letter stated that the meeting was in respect of the fact that organisation no longer requires the role of Administration and Finance Officer in its structure going forward and as I have less than 2 years servicein total the organisation is not obliged to consult me in respectof a redundancy situation.The letter also stated that one of the possible outcomes of the formal meeting could be the termination of my employment. I have been working for this organisation for 23 months and I will be 2 years on 15 June 2016.There was no consultation about my role no longer needed in the organisation.I have just come back from 2 weeks sick leave due to miscarriage happened on 22/04/16 and my employer was aware of my situation until after 2 weeks returned back to work. I receive a shocking letter left on my work desk. Since of the shock of redundancy, it has broken me mentally, physically and emotionally.everyday I suffer from panick attacks. Could you please advise me on this matter.
Tandy - 16-May-16 @ 1:54 PM
ricky - Your Question:
Hi I've been selected for redundancy after 29 years service. My appeal is due Friday 13th,only found out yesterday, if I don't appeal can I still claim for unfair dismissal?Thanks in advance

Our Response:
Your employer should use a fair and objective way of selecting you for redundancy and you can only claim for unfair dismissal if you feel you have been unfairly dismissed, see gov.uk article here. If you wish to pursue the matter after appeal, please see CAB link here. I hope this helps.
RedundancyExpert - 11-May-16 @ 10:25 AM
Hi I've been selected for redundancy after 29 years service. My appeal is due Friday 13th,only found out yesterday, if I don't appeal can I still claim for unfair dismissal? Thanks in advance
ricky - 10-May-16 @ 7:30 AM
andi - Your Question:
Good afternoon, I would like to ask you for an advice regarding unfair dismissal. I was made redundant before the 2 years of employment would be completed with the employer to 1st April 2016. I have lost the right for redundancy pay and other rights to claim against unfair dismissal.I had no warning or redundancy pool. The other 2 guys from our sales department were not even considered even the fact that I was the longest to be employed there and I was training and supervising the new colleagues. I feel this was a discrimination as I am a lady and without question I was just picked and I was asked not to come the next day, but still gave me 1 month notice period to be able to look for a job. after nearly 2 years they sacked me from one day to another without even saying bye to my colleagues. That was a bit cruel and a shock. I am not sure if I can proceed to the employment tribunal as I am still looking for a job and probably I will be going to the job centre this week. I am a part-time student and my husband is a full-time student whom I was supporting financially. Do I just appeal to my employer or can I straight take it to the employment tribunal?I have searched and found different information on the internet regarding the unfair dismissal but I would like to know what my rights are to proceed any further.Thank you in advance,

Our Response:
There are short, very strict time limits for making a claim to an employment tribunal. In most cases, you have three months less one day from the date of dismissal, but time limits can be different for some situations. For more advice, please see the CAB link here which will advise further.
RedundancyExpert - 23-Feb-16 @ 11:38 AM
Good afternoon, I would like to ask you for an advice regarding unfair dismissal. I was made redundant before the 2 years of employment would be completed with the employer to1st April 2016. I have lost the right for redundancy pay and other rights to claim against unfair dismissal.I had no warning or redundancy pool. The other 2 guys from our sales department were not even considered even the fact that I was the longest to be employed there and I was training and supervising the new colleagues. I feel this was a discrimination as I am a lady and without question I was just picked and I was asked not to come the next day, but still gave me 1 month notice period to be able to look for a job. after nearly 2 years they sacked me from one day to another without even saying bye to my colleagues. That was a bit cruel and a shock. I am not sure if I can proceed to the employment tribunal as I am still looking for a job and probably I will be going to the job centre this week. I am a part-time student and my husband is a full-time student whom I was supporting financially. Do I just appeal to my employer or can I straight take it to the employment tribunal? I have searched and found different information on the internet regarding the unfair dismissal but I would like to know what my rights are to proceed any further. Thank you in advance,
andi - 22-Feb-16 @ 2:33 PM
vr - Your Question:
Hi put in for voluntary redundancy because firm said they need to lose 50 employees they accepted 50 regardless of position now taking more staff inculding my job plus more with full time employment can they do this Why accept my vr. if I knew my position was needed I would not put in for voluntary They said they needed to save money are breaking any rules or can they do this

Our Response:
I think in this case you would have to speak to ACAS for advice and to establish whether your previous role still exists.
RedundancyExpert - 11-Feb-16 @ 12:12 PM
hi put in for voluntary redundancy because firm said they need to lose 50 employees theyaccepted 50 regardless of position now taking more staff inculding my job plus more with full time employmentcan they do this Why acceptmy vr. if i knew my position was needed i would not put in for voluntaryTheysaid they needed to save money are breaking any rules or can they do this
vr - 10-Feb-16 @ 8:15 PM
agencyworker - Your Question:
I have been working in a factory for 27 months through an agency, who pay me PAYE on a payroll with holiday pay, class 1 NO and pension deductions as an employee. I have now been given notice to finish due to lack of work. The agency say I'm not entitled to redundancy pay as I'm a worker and not an employee. However my co-worker in exactly the same job recently won his case after he was dismissed for being off work sick. He dismissal was deemed illegal and the agency had to reinstate him and pay him SSP. This was based on HMRC deciding that he was an employee and subject to all the laws that cover it. Where do I stand and who should I contact please?

Our Response:
Hopefully the gov.uk site here will explain the difference between a worker and an employer. You can also contact ACAS for some advice regarding your position and rights via the link here. I hope this helps.
RedundancyExpert - 13-Nov-15 @ 11:06 AM
I have been working in a factory for 27 months through an agency, who pay me PAYE on a payroll with holiday pay, class 1 NO and pension deductions as an employee. I have now been given notice to finish due to lack of work. The agency say I'm not entitled to redundancy pay as I'm a worker and not an employee. However my co-worker in exactly the same job recently won his case after he was dismissed for being off work sick. He dismissal was deemed illegal and the agency had to reinstate him and pay him SSP. This was based on HMRC deciding that he was an employee and subject to all the laws that cover it. Where do I stand and who should I contact please?
agencyworker - 12-Nov-15 @ 9:02 AM
Hi after 20 months of service and fantastic sales results +56% I was told out of the blue that I was being made redundant, I was employed as Business Development Manager UK.I have a run in with the Finance Director on several occasions due to her unreasonable behaviour.4 days prior to me going into hospital for a hysterectomy I was made redundant, which was in June the reason given in my letter is basically that the firm were taken another direction, In July they appointed a Business Development Manager UK doing the same job as me.My performance had never been questioned I received a bonus of 5k after only 8 months what are my rights
claredela - 22-Sep-15 @ 6:27 PM
I am currently 'at risk'. There is a redployment opportunity that I have not been considered for. The role has not been advertised internally, my employer has used an agency to source suitable applicants.
Madge - 10-Jun-15 @ 6:11 AM
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