Redundancy Appeal: How to appeal dismissal and redundancy

Andrew Boast
19/01/2021
Redundancy Appeal Dismissal from Employment Law Friend

How do you deal with dismissal or redundancy?

Losing your job is never easy, and usually the best thing to do is dust your self off and find another job as quickly as possible. However dismissal can have a negative impact on your career prospects and many of us just don't have enough savings to stay afloat through a lengthy period of unemployment. If you believe your dismissal or redundancy was unjust or unlawful, first discuss it with your manager as quickly as possible. See if they would consider giving you extra training, or placing you on probation. The next step is to launch an appeal against dismissal or a redundancy appeal.

Do employees have the right to appeal redundancy or dismissal?

Yes. However, if you do not have a good reason for your dismissal or redundancy appeal, your employer will most likely reject it. If you still believe that it was unlawful, you can make a claim to the employment tribunal.

On what grounds can you appeal redundancy or a dismissal?

You can launch a redundancy appeal for two reasons:

How do I appeal against a redundancy decision?

How do you file an appeal against dismissal?

You can launch a dismissal or redundancy appeal if you think that your selection was unfair, or that fair procedure was not followed. Ask your employer if they have a formal appeal process, otherwise, you can simply state your reasons for dismissal appeal in a letter. Include the date you send the letter, the date of your redundancy and the reasons it was unfair or wrongful.

What happens if I appeal redundancy or dismissal?

Your employer must give you their response in writing. They may need to take some time to investigate the situation, especially if you have made accusations of discrimination. If you believe the reason for your redundancy or dismissal was automatic unfair dismissal and it happened less than 7 days ago you may be able to get your employer to keep paying you.

Tell us about your situation to find out more:

If they accept your appeal
If they reject your appeal
During your notice period: They can give you your job back and your contract will remain unchanged.
After your notice period: They can put you back on your old contract. It should reflect that you still have continuous employment from the date you were originally hired and they have to pay you for the time you were not at work.

If you were involved in any unresolved disciplinary or performance management this may continue after your appeal has been accepted.

If you've been paid any redundancy pay, you have to give it back.
Your dismissal or redundancy will go ahead as planned. Having made an appeal doesn't affect your redundancy rights. However, if you made an appeal on the grounds of discrimination, you may be protected from Victimisation.
For example: Your employer gives you a bad reference in retaliation for your discrimination claim.

If you still believe that your redundancy or dismissal was unlawful, you can bring a claim to the employment tribunal.

Time limits
Usually, you have three months to make your claim to the tribunal from the date of your dismissal or redundancy. If you are running out of time, you can make your claim while your appeal is still open. You must notify ACAS in time to get their certificate back, and to submit your ET1 Form before the deadline.

Frequently Asked Questions
Yes. You can make a gross misconduct appeal if there is not strong enough evidence that you committed gross misconduct, or if you have reason to argue that the misconduct should not be classed as 'gross'. For example: Someone else was disciplined for the same behaviour in the past, but is was not classed as 'gross' misconduct.
Yes. While you do not have all the same rights during your probation you can appeal on grounds of:
  • Unfair dismissal - For example, you were dismissed because you reported wrongdoing, or a health and safety violation, or because of discrimination.
  • Wrongful dismissal - If they didn't follow proper procedure. For example, you were not offered any kind of performance management or improvement plan to support you in adjusting to your new role.

Thinking launching a Redundancy Appeal?

Want to appeal dismissal?

Most employers are not experts in employment law. If you feel that your redundancy or dismissal were mis-judged, whether on purpose or not, get in contact with us and see how we can help.

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This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of our company. For employment law advice please get in contact and speak to your employment law solicitors.
 
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