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Challenging Voluntary Redundancy Denial
Summary
Employers must apply voluntary redundancy policies fairly and transparently. If managerial discretion is used unfairly, you can raise a formal grievance. Include specific incidents, reference the Equality Act 2010 for victimisation claims, and request written reasons for the decision. If the employer argues the disciplinary process justifies denial, counter by emphasizing fairness, potential victimisation, and requesting clarity. Seek legal advice or escalate to an Employment Tribunal if unresolved.Full Conversation
My preliminary hearing date for an ET on grounds of institutional racial discrimination is * July *. I was issued with a disciplinary notification for gross misconduct on grounds of secondary employment and flexible working on 3rd July *. The organisation is currently in the management of change and offering voluntary redundancy that I didn't want to take but since the disciplinary notification, I now do. I'm being victimised.
Thank you for sharing the details, ****. To clarify your situation and provide relevant information:
- Are you seeking guidance on the disciplinary notification, the voluntary redundancy, or the victimisation claim?
- Have you already filed your claim for victimisation or racial discrimination with the Employment Tribunal?
- Are you seeking guidance on the disciplinary notification, the voluntary redundancy, or the victimisation claim?
- Have you already filed your claim for victimisation or racial discrimination with the Employment Tribunal?
I have filed for racial discrimination 6 months before being hit with a disciplinary.
Thank you for clarifying, ****. Here’s some general legal information:
- Victimisation occurs if you're treated unfairly due to asserting rights under the Equality Act *, such as filing a racial discrimination claim.
- Disciplinary actions could be challenged if they are retaliatory.
- Voluntary redundancy must be genuinely voluntary.
Would you like guidance on disciplinary procedures or victimisation?
- Victimisation occurs if you're treated unfairly due to asserting rights under the Equality Act *, such as filing a racial discrimination claim.
- Disciplinary actions could be challenged if they are retaliatory.
- Voluntary redundancy must be genuinely voluntary.
Would you like guidance on disciplinary procedures or victimisation?
I would like guidance on how to to fight for VR when the VR policy says this is at the managers discretion if in a disciplinary process?
Thank you for explaining, ****. Here’s some general guidance:
- Employers must follow a fair and transparent process regarding voluntary redundancy (VR).
- If the VR policy allows managerial discretion, this must not be applied unfairly or discriminatorily.
- You can request written reasons for the denial of VR to assess fairness.
Would you like guidance on challenging unfair discretion?
- Employers must follow a fair and transparent process regarding voluntary redundancy (VR).
- If the VR policy allows managerial discretion, this must not be applied unfairly or discriminatorily.
- You can request written reasons for the denial of VR to assess fairness.
Would you like guidance on challenging unfair discretion?
Yes
Thank you for confirming, ****. Here's some general guidance on challenging unfair discretion:
- Raise a formal grievance, outlining your concerns about the unfair application of discretion under the VR policy.
- Refer to the Equality Act * if you believe discrimination or victimisation influenced the decision.
- Seek the Employment Tribunal's advice if unresolved.
Would you like steps on how to file a grievance?
- Raise a formal grievance, outlining your concerns about the unfair application of discretion under the VR policy.
- Refer to the Equality Act * if you believe discrimination or victimisation influenced the decision.
- Seek the Employment Tribunal's advice if unresolved.
Would you like steps on how to file a grievance?
yes
Here are the general steps to file a grievance, ****:
- Review your employer’s grievance policy for specific procedures.
- Draft a grievance letter detailing the unfair discretion, referencing the VR policy and any evidence of victimisation/discrimination.
- Submit the letter to your employer as per their process.
- Await their response and consider escalating if unresolved.
Would you like guidance on what to include in the grievance letter?
- Review your employer’s grievance policy for specific procedures.
- Draft a grievance letter detailing the unfair discretion, referencing the VR policy and any evidence of victimisation/discrimination.
- Submit the letter to your employer as per their process.
- Await their response and consider escalating if unresolved.
Would you like guidance on what to include in the grievance letter?
yes
Here’s general guidance on what to include in your grievance letter, ****:
- Clearly state the issue (unfair discretion under the VR policy).
- Reference specific incidents or evidence supporting victimisation/discrimination claims.
- Mention relevant laws, e.g., the Equality Act *.
- Request a fair resolution and written response.
Would you like help drafting the letter?
- Clearly state the issue (unfair discretion under the VR policy).
- Reference specific incidents or evidence supporting victimisation/discrimination claims.
- Mention relevant laws, e.g., the Equality Act *.
- Request a fair resolution and written response.
Would you like help drafting the letter?
yes
Here’s a general template for your grievance letter, ****:
---
**[Your Name]**
[Your Address]
[City, Postcode]
[Date]
**[Employer’s Name/HR Department]**
[Employer’s Address]
[City, Postcode]
**Subject:** Formal Grievance – Unfair Discretion in Voluntary Redundancy
Dear [Employer/Manager/HR],
I am writing to raise a formal grievance regarding the application of managerial discretion under the Voluntary Redundancy (VR) policy in my case, which I believe has been applied unfairly.
On [specific date], I requested VR amid the ongoing management changes. However, my request was denied due to my involvement in a disciplinary process. I feel this decision is unjust, particularly as I have filed a racial discrimination claim with the Employment Tribunal, and I believe this may have influenced the decision.
I would like to highlight that:
- Under the Equality Act *, victimisation due to asserting rights is unlawful.
- The VR policy lacks transparency in its application, and I request written reasons for the denial of my VR request.
I kindly request a fair review of my situation and a written response outlining the reasons for
---
**[Your Name]**
[Your Address]
[City, Postcode]
[Date]
**[Employer’s Name/HR Department]**
[Employer’s Address]
[City, Postcode]
**Subject:** Formal Grievance – Unfair Discretion in Voluntary Redundancy
Dear [Employer/Manager/HR],
I am writing to raise a formal grievance regarding the application of managerial discretion under the Voluntary Redundancy (VR) policy in my case, which I believe has been applied unfairly.
On [specific date], I requested VR amid the ongoing management changes. However, my request was denied due to my involvement in a disciplinary process. I feel this decision is unjust, particularly as I have filed a racial discrimination claim with the Employment Tribunal, and I believe this may have influenced the decision.
I would like to highlight that:
- Under the Equality Act *, victimisation due to asserting rights is unlawful.
- The VR policy lacks transparency in its application, and I request written reasons for the denial of my VR request.
I kindly request a fair review of my situation and a written response outlining the reasons for
they will argue they want to see teh disciplinary through?
Thank you for sharing, ****. Here's some general guidance for your situation:
- Emphasize that the disciplinary process should not obstruct fair application of the VR policy.
- Argue that delaying VR can exacerbate victimisation under the Equality Act *.
- Request a written explanation linking the disciplinary to the VR denial.
Would you like help refining these arguments in your grievance letter?
- Emphasize that the disciplinary process should not obstruct fair application of the VR policy.
- Argue that delaying VR can exacerbate victimisation under the Equality Act *.
- Request a written explanation linking the disciplinary to the VR denial.
Would you like help refining these arguments in your grievance letter?
yes
Here’s how you can refine your grievance letter, ****:
- **Acknowledge their argument**: Mention you understand their desire to conclude the disciplinary process.
- **Counter with fairness**: Highlight that prolonged proceedings may exacerbate victimisation and stress.
- **Request clarity**: Ask for specific reasons why the disciplinary impacts the VR decision.
- **Reiterate the Equality Act ***: Emphasize legal protections against victimisation.
Would you like me to integrate this refinement into your draft?
- **Acknowledge their argument**: Mention you understand their desire to conclude the disciplinary process.
- **Counter with fairness**: Highlight that prolonged proceedings may exacerbate victimisation and stress.
- **Request clarity**: Ask for specific reasons why the disciplinary impacts the VR decision.
- **Reiterate the Equality Act ***: Emphasize legal protections against victimisation.
Would you like me to integrate this refinement into your draft?
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