Indiidual consultation queries

Hello – some advice greatly appreciated!

Our collective consultation is due to end early having established redundancy payment and other multiple queries. We then go into individual consultation perhaps even this week, but I was wondering at what point I appoint a lawyer to handle this as I have some further questions. Now or after the 1st individual meeting?

Who can I have in the room – can I request that my HR person leaves so I can have a more comfortable discussion with the other HR’s of the company who has taken mine over? Just wondered if I had this right.

I have been told our last day of employment is 31st December – how long can this individual consultation go on for? Is it just one meeting and then the lawyers go back and forth till you sign the compromise agreement?

In my situation, there is another role of a similar position at the new company on offer for me. However, I wish to discuss a potential fixed term contract covering maternity leave for a different role at my level and for which I am qualified for and they know i am interested in.

I understand that a company cannot re-employ a person they have made redundant and paid money to, within 3 months. However, I have been told there is a way around this and this can be discussed as alternative employment in the individual consultation. Has anyone tried this? Did they manage to make it work? Someone mentioned to me that they could pay out, and then employ you within the 3 months as a freelance consultant until such time as you would be eligible to take the fixed term contract. True? Or is there another way?

I think the company is offering a standard £250 to cover a lawyer’s fee to sign the compromise agreement and argue any points on your behalf – can you make the company agree to cover any additional amount, or can you tell your lawyer that this is the maximum fee and not to go over?

Sorry if some of these questions are inane – just want to be fully prepared and know what to say when the **** hits the fan soon.

Thank you!

I have very deep concerns as to what is going on here. This appears to be a transfer of undertakings (you have spoken of an old and a new employer) and a sham redundancy to avoid the provisions of TUPE. I cannot advise you as to how to collude with your employer to break the law, if that is what you are doing - and it would not be in your own best interests to accept redundancy if you are not redundant in fact.

Let me clarify further and thanks for your advice so far.

I work for company A which has been taken over by company B. TUPE applies because there is a change in location.

Company B have specifed that there are a small pool of jobs (some suitable, some not) they have reserved for company A. Not all of company A's 500 people will get roles should they wish to go for them. Company B have given us the choice to either take the redundancy package or apply for a role as “alternative employment”

I am one of the people from company A whose role is redundant. However, there are in fact 2 alternative roles at my level and experience that I can apply for – company B would prefer us to take alternative roles where appropriate, but are not insisting upon it. The main factor for not taking roles at company B is the location and salary and they appreciate that.

My colleague is going for role A and has been mapped directly to it. She will very soon need to take maternity leave once she has started there. So my question is, when individual consultation starts, can I propose that as another form of alternative employment, can I suggest that I forgo the redundancy package in return for employing me on fixed term to take over role A – the problem being is that in the original redundancy schedule at the start of the process, company B said anyone made redundant could not reapply to them within 3 months due to tax reasons. Maternity leave would start approx 2 months after I am made redundant.

Hopefully that is clearer – I’d just like to know if this is a possibility and how to present it to them. Company B want as many people from company A to go over to them to avoid paying out what will be a huge group redundancy package. On offer to me is role B, but it is not as attactive as role A, which my colleague has taken. Company B are not insisting that I take this role, they are leaving it open for me to take the package or take this role B.

A colleague told me about “binding” too. That if you are employed on a fixed term contract, that when this finishes, you can still collect your redundancy package – is this true?

Thanks so much for your help – it’s quite complicated, but I’d really rather know the options open to me legally so I can try and negotaite the best possible outcome for myself. There is no suggestion of foul play on company B’s or my part.

You spend too much time listening to what other people say - what on earth is "binding"? In 30+ years of employment law I have never heard the term used! If you are continuously employed, no matter what contract you are on, your continuous service accrues for redundancy purposes - but an employer does not legally have to abide by any package that was previously offered to you. That is a matter which is entirely between the employer and you. The same is true of the 3 months rule - this is certainly not law, although I am not going to say that the tax man may not have a finger in this pie. If this is a tax ruling then I can't help you - I don't do tax!

There is nothing in law to say that you cannot engage in a fixed term contract as alternative suitable employment, whether immediately or after a period of time - but if you do so immediately you would need to obtain a written agreement as to the terms on any future redundancy package and when such a package might "expire". After all, you could be employed for years skipping from one contract to another (some people do this all their lives), and you can't expect an employer to hold a redundancy package for the next decade in case your time runs out.