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Appeals Process

NFF / Redundancy / Appeals Process

This article explains how members of the Naval Service selected, or not selected, for compulsory redundancy in the Naval Service Redundancy Programme can appeal against the decision.

The overarching policy in respect of how individuals in the Naval Service may appeal against selection or non-selection for redundancy was published in the document 2011DIN01-100: Naval Service Redundancy Programme – Policy (Para 45) and Galaxy Message 25-2011: Processes for Redundancy (Para 43 and Annex C). Details in this article supersede the policy published in the previous documents and provides further direction on the detail of the Naval Service redundancy appeal procedure.

The appeals process in this document is to be reviewed prior to Tranche 2 of the Naval Service Redundancy Programme.

Responsibilities
DNPers is responsible for the redundancy appeals process. All appeals will be considered by an officer who has not previously been involved in the selection or approval for redundancy of the individual concerned; the officer will be known as the Appeal Adjudicator. Nominated Appeals Adjudicators are listed at Annex B. The Fleet Redundancy Cell (FRC) will act as the conduit for all redundancy appeals and is responsible for creating a redundancy appeals database, coordinating the registration, tracking, and decision notification of the appeals process.

Eligibility to Appeal
The following categories of individuals may appeal:

  • A non-applicant who is selected for redundancy
  • A person whose application for redundancy was unsuccessful.

Grounds for Appeal
An appellant (an individual who appeals) will be expected to demonstrate that the Redundancy Selection Board (RSB) or Approving Authority (as appropriate), in making the decision to select or approve a non-applicant for redundancy, or to not select an applicant for redundancy:

  • a. Failed to take into account a factor which should have been taken into account in the laid down process
  • b. Took into account some factor which should not have been taken into account in the laid down process
  • c. Failed to follow proper procedure thereby causing a breach of procedural fairness.

Submission of Appeals
Appeals are to be submitted in writing to the FRC using the exact proforma at Annex A. Applications which vary from Annex A will not be accepted. Appellants may include additional documentation with the proforma in support of their appeal. Appeals may be supported by medical evidence, where appropriate, but only with the appellant’s consent. When completed, it is the appellant’s responsibility to ensure that a signed hard copy of their appeal arrives with the FRC as follows*:

  • A non-applicant selected for redundancy: no later than 17:00Z on 31 October 2011
  • A person whose application for redundancy was unsuccessful: no later than 17:00Z on 11 November 2011.

In exceptional circumstances, where the appellant believes their appeal proforma will not arrive before the closure date, they are to contact the FRC by email or telephone to inform them of the potential delay. A signed hard copy of the appeal will still be required and must be despatched as soon as possible.

The Divisional and Regimental system is available to support all those who wish to appeal. Before submitting an appeal appellants may wish to seek the advice of their Chain of Command. In addition, the FRC can be contacted for advice on any aspect of the redundancy appeal process.

Preparation for Leaving the Service
Appellants challenging the decision selecting them for redundancy are advised, pending the outcome of their appeal, to continue with preparations for leaving the Service (e.g. resettlement interviews, workshops and courses) on the exit date specified in their redundancy notification letter.

Deciding an Appeal
On receipt of an appeal, the FRC will co-ordinate the preparation of an appeal folder for consideration by the Appeal Adjudicator, which will contain: information used in support of the decision made by the Redundancy Selection Board and/or the Approving Authority as appropriate; the appellant’s case as detailed on their appeals proforma; and any other evidence provided by the appellant. The Appeals Adjudicator may direct further investigation into the appeal to be conducted before reaching a decision.

The Appeals Adjudicator, having considered all relevant material fairly, will notify the appellant in writing of the outcome of the appeal, and giving reasons why the appeal has been upheld or rejected. A response to an appeal will be staffed as quickly as possible and the appellant notified of the result within 60 calendar days of receipt of the appeal proforma by the FRC.

Service Complaints
The redundancy appeal process does not preclude an individual’s right to state a Service Complaint under the Armed Forces Act 2006 Section 334 in accordance with JSP 831. Nevertheless, the appellant will have to demonstrate that the redundancy appeal process has been exhausted before any Service Complaint will be considered.

Post Appeals Action
The FRC is to ensure that any action to suspend, amend** or continue the termination process is correctly carried out.

The completed appeals file is to be held for a minimum of 12 months*** from the date of the Appeals Adjudicator’s notification letter.

Point of Contact
For any queries regarding the content of this document, personnel are encouraged to contact their Divisional Officer/Line Manager in the first instance. Thereafter, the FRC is the single point of contact for queries relating to the redundancy appeals process. There are also dedicated redundancy web pages on the Defence Intranet and RNCom which provide links to information and all key documents, along with links to other useful sites which includes independent financial and employment advice.

The Fleet Redundancy Cell (FRC) can be contacted as follows:

Fleet Redundancy Cell (FRC)
Room G43
West Battery
Whale Island
Portsmouth
Hants
PO2 8DX

Mil: 93832 8987
Civ: +44 (0) 2392 628987
DII: FLEET-REDUNDANCY CELL MAILBOX
Internet: FLEET-REDUNDANCYCELLMAILBOX@MOD.UK

For full information see DIN 01-184 Redundancy Appeals Process on the Defence Intranet and on the Community pages of the Royal Navy website.

Annexes

DIN 01-184 Annex A – Redundancy Appeal Proforma.
DIN 01-184 Annex B – Redundancy Selection Boards, Authorities for Discharge and Appeals Adjudicators.

Click here to access the annexes on the Community pages of the Royal Navy website. The Community pages are available to serving personnel and family members, but does require registration.

If you have any difficulty accessing this information on the Community pages of the Royal Navy website please get in touch with the NFF.

* As the letters for applicants whose applications were unsuccessful will not be despatched by the FRC until 30 September 2011 the date has been adjusted to ensure appellants have 30 calendar days from receipt of the letter.

** Appellants successful against non-selection will have their engagement expiry date amended to read 31 March 2012 or, with the agreement of the appellant, to a date up to 6 months from the date of notification of the successful appeal.

*** This period may be extended if the information contained within it is to be subjected to further consideration.

Forces Law

Forces Law are experts in military law and may be able to help with any queries you have. They offer a wide range of services to meet the legal needs of serving personnel, their families, and ex-Service men and women. Force Law run a 24 hour helpline: 0845 601 1260 and offer a free 30 minute advice session to all serving personnel. Click here to visit their website and find your nearest Forces Law office.