Disestablishment of Post and Notice Period

Hello there - we are currently in a 28 day consultation period to end on 11th November. The proposed structure, once consultation has been completed and responses considered, is due to commence from 1st December. My post is being deleted as part of the proposal and those similarly affected have been told that notice periods must be worked and that we are to continue in the current roles we hold. An initial enquiry to the HR department resulted in us being told that the posts that are being deleted are not being officially disestablished until everyone has worked their notice periods.

My notice period as a Principal Officer in local authority is 3 months. My question is basically, how can you continue to work in a role that does not exist? The centralisation of services and changed reporting structures that will be going ahead regardless of any representation mean that those affected by redundancy will be unclear on who to report to, what work to actually do etc etc. In this situation, should the employer be offering payment in lieu of notice?

In addition, any questions that we have on the proposal before we respond formally as part of the consultation are being met with the stock response from HR that any issue whatsoever will only be considered after the consultation period has ended. This lack of clarification on certain issues, for example, asking whether it is possible to be ringfenced for more suitable offers of alternative employment, affects the way in which to respond properly. It is generally felt we could possibly be making uninformed representation as well as it seeming that HR have the upper hand because they know every type of employee concern and we're left to only find things out when it's too late to respond further. So another question is, what obligation do HR have to respond to initial questions about the consultation and are they right to use these 'questions' as consultation feedback?

Any clarification on both these issues would be welcome.

Many thanks in advance.

I'm afraid that there is no right to PILON so if your employer says you work your notice period then that is what you must do. I see your point - but if you want paying then you must attend work and what problems your employer may have in this respect is their problem to resolve.

The question of responses is more complex. Technically I would expect an employer to engage in a two way conversation - this is, after all, the definition of consultation. That said, if they failed to do so it would be down to you to determine whether this has adversely affected you in such a way as to make the redundancy unfair, and to result in a possible grievance / claim. And that may be difficult to evidence.