Redundancy Appeal 1st Response: Short Notice Period
This letter is a response from the employer in our case whereby the client was being made redundant after he blew the whistle on malpractice. The employer was also trying to offer him only 3 months’ notice pay, when in fact it was supposed to be 3 years! This is one of a series of 4 letters in this case (2 from each side), and here is the list:
- Letter from our client to the employer as part of the redundancy consultation.
- Letter from the employer to our client replying to above letter – see below.
- Appeal from our client to employer against the employer’s decision to dismiss for redundancy.
- Employer’s reply to our letter appealing against redundancy.
We are providing you with this letter so that you have the tools you need to stand up for your rights as an employee. If you would like more advice, please browse our informative article about redundancy. You can also contact us at Monaco Solicitors if you think that we might be able to help assist you in your employment case.
[Employer UK address]
Telephone: [Phone number]
I am writing in response to the letter received from you dated [Date], which was received by email on [Date and time] which is in relation to [Your name].
You have raised a number of points and I will respond to each one in turn.
3 year contract/company paperwork
The Company’s position has been made clear in this matter and refutes your claim that [Your name] has a legally binding 3 year fixed term contract. As set out within his contract of employment dated [Date] and which he [Employer] and dated [Date], he was employed on a permanent basis with effect from 1st October 2014. In accordance with clause 31.1 of the contract of employment, either party may terminate the employment contract at any time by providing the contractual three months’ notice or three months’ notice pay to the other.
The email chain you have submitted does not relate to [Your name] and I can formally confirm that no employee working in the Abha is employed on a 3 year fixed term contract.
[Employer] has not varied his terms of employment or issued him with a new contract of employment and therefore the service agreement mentioned above is the only legally binding contract in place.
You also state that the reason for the redundancy and the decision to withdraw support to the Abha operation is in relation to the alleged whistleblowing initiated by him about illegal drinking. The company refutes this claim. The reasons for the redundancy have been made clear throughout the consultation process and these are ones of a commercial and financial nature and are in no way related to any alleged conduct issues.
You have made an allegation that [Employer] does not have local contracts of employment in place for a number of [Employer] employees which could be in breach of Dubai regulations and are “blowing the whistle” in relation to this. During the consultation process, [Your name] has repeatedly advised me that he has a local contract, of which the company does not have a copy of. He has repeatedly been asked to send of copy of the local Abha contract to the company. However, this has not been forthcoming and it is only during the final stages of the consultation process that he has indicated that a Abha contract does not exist. I am concerned that you are now “blowing the whistle” on this non-existence of a Abha contract when [Your name] previously misled the company into understanding that one did exist.
For the reasons set out above, I confirm that with effect from the date on which [Your name] signed the contract of employment and at the point of dismissal, he was not employed on a fixed term three year contract. With effect from the date of the contract of employment, he was employed on a permanent basis and either party could provide the other with three months’ notice to terminate the employment relationship at any time.
Whistleblowing regarding alleged illegal drinking
I can confirm that this matter was dealt with formally, with a formal investigation and formal action being taken internally. The company is not at liberty for reasons of confidentiality to disclose to you the exact nature of the action taken.
I refute your claims that [Your name] have been victimised as a result of raising this matter with his line manager. [Your name] has not raised a grievance or any concerns formally with his line manager or a member of the HR team prior to him being notified of his role being at risk of redundancy.
You say that the Dubai authorities have become aware of this matter. However, there is no evidence that [Employer] is aware of to substantiate this claim. With this in mind, there is no requirement for [Your name] to “clear his name”.
I cannot comment on other employees personal circumstances due to confidentiality reasons. You say that [Your name] is raising a grievance in relation to this situation and is also invoking the whistleblowing policy. However, I am satisfied that this matter has been dealt with in line with company policy.
[Your name]’s Visa
[Your name] states that he is unable to travel to Dubai due to the above situation. However, as I have said, there is no ongoing investigation by the Dubai authorities and therefore, I do not believe there is anything preventing him from travelling to the Abha, that is his choice.
In relation to cancelling [Your name]’s visa, could you please provide a copy of the visa (Bahrain and/or Abha) and details of the sponsor including contact name, telephone number and address.
The contract with [Company name] has always been run from the Khobar office and never in Dubai. Therefore there is no change to this situation, there is no role and this is not a TUPE situation.
During the consultation process, the role in. Abu Dhabi was discussed with [Your name] on a number of occasions and whilst details of the role were still being finalised, he made it clear to me that he was “wanting to move on” and “return to Canada” and to “draw a line underneath this”. At no stage did he say that he wanted to be considered for this role as he wanted to focus on “moving on” from [Employer].
To conclude, the Company refutes all your claims and has provided a response oran explanation to the points you have raised in your letter.
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