Redundancy and re-applying for positions during collective consultation

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    pdbrewer1 pdbrewer1 is offline Junior Member
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    Default Redundancy and re-applying for positions during collective consultation

    My employer has issued warning of redundancies and we stated collective consultation on 4/01/11. We have been told that all employees shall apply for at least one position in the new business structure that is similar to the role we currently hold. I am currently employed in an office 90miles away from the head office and the proposal is to close this satellite office and significantly reduce the operation in this location.
    Question 1: is it legal to ask employees to re-apply for positions in the new structure without informing them of the location of the role?
    Question 2: if I apply for a position in the new business structure and am successful but subsequently find that the location of the role is 90miles away at the head office where do I stand with my legal rights?
    Question 3: if my employer is offering me the position, notice of redundancy would not be served and therefore am I still covered by the redundancy law?
    Question 4: if I do not apply for a role in the new business structure am I expected to just leave of my own accord?

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    SarEl SarEl is offline Expert Advisor
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    You are putting several carts before horses here - and the correct people to be asking these questions to in the first instance is the employer. The answers to your questions aren't really meaningful or helpful to you, but for what it is worth

    1. Well it isn't illegal!
    2. Can't tell you - it hasn't happened and there are not enough details to say
    3. Can't tell you - it hasn't happened and there are no details of what will happen yet - legal advice is based on what details you have and you have none.
    4. It may be that in not applying you are deemed to have resigned in law - but again, this isn't clear because it hasn't happened and so there are no details.

    The point of a consultation period is to be able to ask these sorts of questions of the employer and get hard and fast answers. Legal advice comes when you get those answers, if required. Sorry, but there just isn't anything to go on here.


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    pdbrewer1 pdbrewer1 is offline Junior Member
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    Thank you for your quick reply.

    I just wanted to get some info before I found myself in a situation due to the actions they have ask of us.

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    Yes, I realise - but without the information it's really impossible to give advice. This is consultation - so you need to be raising all your queries and concerns.


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