Consultancy period and other queries

Hi there, I was invited today to a sit down chat with my manager only to find HR also attending. I was told that due to reorganisation my job would be moving to our offices down south despite other people who do the same job as me being based out of our Scottish offices. They told me I was now in 30 day consultation period, my options being to either take redundancy or reapply for my old job and relocate should I be successful.

Firstly, what is the ruling re consultation period. Is 30 days the norm? Choice I've been offered is no choice really, I'm not main bread winner so relocation wouldn't be a viable solution for me. So it's redundancy or nothing.

I'm miffed at fact that I wasn't prewarned re real reason for our meeting and so didn't have chance to have union rep involved. I've told them all future meetings will be with rep in attendance.

What are my legal rights?

Thank you for your question.

If your employer is proposing to make 20 to 100 redundancies, they would be legally obliged to consult with you for a minimum period of 30 days. You don't say if this is the case. If this is not the case then your employer doesn't have a minimum period in which they should consult with you for.

During the consultation period, you should both consider alternatives to the redundancy and the availability of any other jobs which may be suitable for you. You have a right to a 4 week trial period in an alternative position.

In the context of a redundancy, it is unclear as to whether the right to be accompanied applies only to the actual dismissal meeting or consultation meetings. To be on the safe side, most sensible employers give employees the right to be accompanied at consultation meetings, with the exception of the initial meeting where employees can often be told as a group that a redundancy consultation process is commencing

I hope this helps.

thanks for replying so quickly. At the moment I am the only person being made redundant, though I'm sure things will escalate as the company is going thru a massive reorganisation.

I've been given a leaving date of 31st December and as I am in customer facing role currently been given this week off to get my head around the situation. Not quite sure what will happen Monday though, they may expect me to return to work until 31st December. They have also asked me not to disclose my situation to anyone else. That's very difficult for me as by nature I am an emotional person and wear my heart on my sleeve, it's obvious to my colleagues that something is going on. I have a real concern re this, it's already obvious that news of my situation has been leaked. Some people already seem to know the facts of it all. Apparently they only people who should know are HR and my manager. It seems that the confidentialilty clause relates only to me which seems grossly unfair. Is it standard practice that employers request this?

I've asked them to garden leave me until then instead of working till end of December and this is currently in negotiation.

They've offered 90 days in lieu of notice starting 1st Jan 2010, then a month for each year of service. If they garden leave me to 1st January, I'm expecting them to honour December's pay, this is currently under negotiation. re PILON, would I expect to get 3 months holiday allocation added to this??

Any thoughts/advice you can offer would be gratefully received.