Redundancy appeal 2nd letter: Notice period & whistleblowing

This letter is from our a case whereby our 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:

  1. Letter from our client to the employer as part of the redundancy consultation.
  2. Letter from the employer to our client replying to above letter.
  3. Appeal from our client to employer against the employer’s decision to dismiss for redundancy – see below.
  4. 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.

[Name]
Human Resources
[Employer]
[Address]

By email only to: [email protected]

[Date]

Dear Sirs

Our client [Your name] – appeal against dismissal

We write on behalf of our client [Your name] in order to appeal against his dismissal which took place on [Date] by telephone call with your [Name].

On that call, [Your name] referred to our letter to you of [Date]. You then replied to that letter by letter of [Date]. This appeal should therefore be read in conjunction with those two letters, which contain much of the background (which is not repeated below). Also enclosed herewith is a [Your name] statement from [Your name].

Ground 1 – 3 year contract & verbal agreement with [Name]

We wrote in our letter to you of [Date] the following passage:

“On [Date][Your name] met with your managing director [Name] at the Atlantis Hotel in Dubai. He had been sent a plane ticket and accommodation for that night. At that meeting he was offered his job and told verbally by [Name] that it was a 3 year fixed term contract in Dubai. [Your name] verbally accepted the role there and then.”

Then on Sunday 14 September 2014, Mr Darren emailed Jacob the terms of the contract (enclosed) which state: “Duration: this is a three year asTarmac Ltdnment to Dubai.” That day, on 14 September 2014, the two met for lunch (as referenced in Mr Darren’s email). At that lunch Jacob reiterated his acceptance of the job role, and the two gentlemen shook hands on the deal. This was offer and acceptance and consideration and is a legally binding contract.”

[A] You did not take this into account in the dismissal of our client. On that basis we appeal your decision. Do you or do you not accept the veracity of above statement?

[B] You did not interview [Name] in relation to the agreement of the three year fixed contract. Please explain why not? This is a serious procedural error and you should now interview him as a witness and take this into account.

Ground 2 – consideration & [Employer] document of January [Year]

We wrote in our letter to you of [Date] the following passage:

“Later, [Employer] tried to change the terms of the deal by asking [Your name]  to [Employer]  a new contract in around January [Year], a number of months after the commencement of employment, which he duly did.

However there was no consideration provided to him in exchange for asking him to [Employer]  a new contract, and therefore the new contract is not legally binding, and the original terms apply.”

[A] You have not stated what the consideration was for [Your name] ’s so-called new contract inJanuary 2015. If you do not know what consideration is, please take legal advice as it is a necessary ingredient in a binding employment contract. If you do know what it is, please state what the consideration was.

Ground 3 – Legal status & jurisdiction of company paperwork

We wrote in our letter to you of [Date] the following passage:

“The later ‘service agreement’ (enclosed) also refers to the offer letter and to a Dubai  contract (a ‘Abha’ contract). It is of note that there was no Abha contract provided to [Your name] , in contravention of local Dubai law, and it is clear that the service agreement is not a valid contract of employment in any jurisdiction. This failure to implement local contracts of employment also apparently has happened with a number of [Employer]  employees, and therefore [Employer]  may be breaching Dubai regulations across the board. [Your name]  hereby reports this matter via the whistleblowing procedure too and looks forward to hearing from you about next steps with this point too.”

[A] The service agreement is not legally binding. It states in para 35.1 that it should be read in conjunction with the ‘Abha Contract’ and the offer letter dated [Date]. But there is no Abha Contract and thus the service agreement is not a binding Abha document. If you dispute this please explain why the Abha Contract is not necessary.

Ground 4 – Redundancy & whistleblowing regarding drinking alcohol

In your letter of [Date] you state that the reasons were made clear in the redundancy consultation process and that they are commercial and financial reasons. [Your name]  does not accept this explanation, and without further detail he disputes that there is a genuine redundancy situation. Please now clearly explain the business reason for [Your name]’s redundancy.

In that letter of [Date] you also state that [Your name] didn’t raise the drinking matter with his line manager prior to being notified about potential redundancy. But he notified [Name] on arouns [Date], and it wasn’t until [Date] when he was notified about potential redundancy.

You state that the authorities are not aware of the [Name] matter and therefore [Your name]’s personal safety is not in danger.

[A] What assurances do you have of that the authorities are not aware?

[B] Do you accept that if [Your name] were to return to Abha if the authorities were aware of the drinking then his health, liberty and safety could be in serious danger?

[C] This also means that [Company name] had to disband its Abha operation, and this was not due to a business / redundancy reason.

Ground 5 – whistleblowing procedure

Your whistleblowing policy at 5.11, 5.13 & 5.14 sets out the procedure for investigating disclosures. Interviews are supposed to take place, written records kept, and the whistleblower informed of the outcome of the investigation. This didn’t happen in [Your name]’s case and therefore he submits that the real reason for his dismissal was the whistleblowing. Thus the grounds of appeal include the following:

[A] As the original whistleblower, why was Jacob not interviewed?

[B] Why was [Your name] not informed of the outcome of the investigation (saying that it was dealt with internally is not in line with this policy to inform the whistleblower of the outcome) ?

Ground 6 – TUPE

Please confirm that [Company name] to continue to build the Rashid hospital in Dubai, which is the same work that [Your name] was doing based in
Abha.

[A] Has the work performed by [Company name]  in Dubai now increased as a result of the Abha unit being disbanded?

[B] If so please explain in more details why there is no TUPE situation with work transferring from [Your name] /[Employer]  to [Company name] .

Ground 7 – Abu Dhabi & other alternative employment

[Your name] ’s recollection is materially different to that of your [Name]  (HR Manager) in relation to the Abu Dhabi job. [Your name] states that he was keen on the Abu Dhabi role, whereas [Name] says that he wasn’t. [Your name] has provided a signed statement (attached) which sets out his recollection.

[A] In the interests of natural justice, we suggest that [Name] now provides her own account, so that this matter can be properly investigated.

[B] For the avoidance of doubt, [Your name] is still interested in the Abu Dhabi role. Please now provide details of the role and how to apply.

Yours faithfully

[Lawyer name]
Monaco Solicitors

020 7717 5259

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