My friend is at the appeal stage of redundancy.His employer has to make cuts . All those selected are over 40 yrs old (there are younger staff).One employee with a poor sickness record threatened them with legal action before the consultation started and has escaped redundancy.Can my friend claim on grounds of age discrimination and a tainted process due to favoritism ? - if he does have a claim on those 2 grounds then the employer will know the other redundancy staff will have same claims and the process fall apart.Of course the employee threatening legal action can be seen as shop floor gossip -so i don't know how much relevance it will have in the appeal.Also most of the staff over 40 are on higher wages- so it could be argued that age was just a coincidence?
Also is the appeal decision an arbitrary one ? ( "sorry ,at the end of the day you got to go because of funding cuts")
DIVEBUDDY, you are correct in saying that JSA will not be affected when a claimant takes voluntary redundancy. It's not because the claimant would have been dismissed, it's because SOMEONE would have been but not necessarily the claimant.