Good afternoon all,
I'm after some views on making somebody redundant whilst they are going through the grievance procedure.
The grievance is pertaining to being pushed out of their role by another manager.
Would it be seen as fair making the employee redundant when their grievance is still ongoing?
thanks
Without knowing all the exact circumstances, it is very difficult to offer any proper guidance except that, along lines Elizabeth advises, you need to ensure that you build up as much good evidence as you possibly can relating to the employer’s conduct towards you. For example, with your grievance, ask them in writing whether or not they intend to have worked through the grievance process before your redundancy dismissal takes effect and if not, why not. They are obliged in order even to make it begin to be a fair dismissal fully to consult you about it all, and, similarly, assuming they indeed do so, get in as many awkward / potentially damning questions as you can in writing to them and demand answers in writing. Unless they are very well advised and guided professionally they will probably not be able to contrive all this to be a legally fair dismissal and your mission should be to impede them from doing so as much as you possibly can.
To do so, you have your own resources and google etc but generally seek the best expert detailed advice you possibly can. We all can help you further on here and then there’s eg CIPD legal helpline; any legal advice centres locally ( university law schools often have similar too); ACAS; any household insurance legal protection you might have etc etc. Regard it maybe as your own professional development project in applied employment law.
You could always put in a SAR. This is usually a signal that litigation is about to follow. Given the work and potential embarrassment it should increase their willingness to settle. If they have sacked you there is not a lot of goodwill to be maintained
