Going through redundancy - I believe the Employer has not selected fairly

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CormacH

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Hi. I was notified two weeks that my position was at risk and I have been going through the process since. It's with a profitable US multinational and I have been with them for 6.5 years. The proposed severance package has been issued to me.

However, it's clear that they have not used a fair selection process/matrix and applied it to the team and I strongly believe that I have a case. The only thing is that they will be paying up to €600 in legal fees and this will be made available once the official severance letter has been produced, allowing me to have it all reviewed.

The basic question I have is - at what point should I engage with a solicitor? Should I simply go though and complete the redundancy process and then as a secondary step, possibly pursue a case against them? Or at the point where I am getting the solicitor to review, discuss it then? I have not raised any of my concerned with the employer at this point.

Thank you
 
Normally there would be an appeals process against any selection for redundancy. Also it is unclear if this is a collective redundancy issue or just you being singled out.

As for selection, bear in mind things like last in first out are perfectly acceptable
 
Just from experience, you should have a meeting explaining the decision and you should have the opportunity to appeal after the selection is confirmed.
As above, what would you want to obtain from the case? Would you be likely to gain much more than the proposed redundancy package? If you find another job quickly, even if it was an unfair selection, the compensation might not be that much.
Be careful also that some solicitor might encourage you to raise an appeal without being clear on what you could really achieve. (Once again, just from personal experience).
Redundancy is difficult and it's easy to get angry and frustrated. So I would encourage you to step back, see what is on offer for you.
 
Thanks for the feedback everyone - it's always good to get a different perspective.

And yes sorry - should have mentioned that it was individual. There are a few of us being let go around Europe so it's not collective bargaining. It's definitely not LIFO - I'm the longest serving! I also have the most experience and qualifications. That's why I don't believe a fair matrix has been used. I'm assuming it is being based on languages.
 
Can I just ask one more thing please - the end date they have proposed is the 10th of February (this is marked as (tbc).

It would be a big help to me if I could see out the month - finish on the 28th of February.

Is this an unusual thing to ask?
 
CormacH said:
Hi. I was notified two weeks that my position was at risk and I have been going through the process since. It's with a profitable US multinational and I have been with them for 6.5 years. The proposed severance package has been issued to me.

However, it's clear that they have not used a fair selection process/matrix and applied it to the team and I strongly believe that I have a case. The only thing is that they will be paying up to €600 in legal fees and this will be made available once the official severance letter has been produced, allowing me to have it all reviewed.

The basic question I have is - at what point should I engage with a solicitor? Should I simply go though and complete the redundancy process and then as a secondary step, possibly pursue a case against them? Or at the point where I am getting the solicitor to review, discuss it then? I have not raised any of my concerned with the employer at this point.

Thank you
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There must be something in the air. I’m currently representing two employees who are in a similar scenario.

Firstly, be absolutely clear that redundancy should only occur where the requirement to undertake certain work no longer exists. The person or persons whose work this was, should be the ones to be made redundant.

In a situation where a number of people are undertaking similar work but the requirement arises to reduce the headcount (even by just one), there is then a requirement to apply selection criteria. The fastest and easiest criterion to rely upon is LIFO (last in, first out) but employers may apply a wider set of criteria.

It’s absolutely reasonable and normal to ask about the criteria that applied in the selection process that led to you being identified as the person who should be made redundant. It would be interesting to hear what they have to say.

Given that you’re the longest serving and best qualified, you may have to consider that you have been personally targeted. This may be, for example, because you’re the highest paid and you could be replaced by someone else for less money.

In all redundancy situations, you are entitled to a statutory redundancy payment amounting to two weeks’ pay (capped at €600 per week) for each full year of service plus one additional week. In your case, this amounts to 13 weeks’ salary, all of which is tax free. You are not required to sign any agreement as a condition of this payment.

The settlement agreement you are being offered on this occasion is likely to make reference to a particular settlement or ex-gratia payment. In return, you will be asked to sign a settlement agreement which will include a provision requiring you to waive any employment rights you might otherwise rely upon to take an action for, say, unfair dismissal. If you sign the agreement and accept the ex-gratis payment, you have no scope to take any action in the future.

The €600 provision for legal advice on the terms of the settlement agreement is a standard provision in these circumstances. It allows an employer to state, if ever required, that you were given full opportunity to consider the legitimacy of the agreement presented to you.
 
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