First Consultation Meeting

This was held yesterday. I asked a number of questions including....

Q. At the next meeting, should I wish to do so, may I bring a Trade Union member with me?
COMPANY REPRESENTATIVE. No, as you are not a member of a Trade Union.

ME. Should I become a member before the next meeting? Response was still no.

The company do not recognise TU's but can they, and are they not, denying me my statuatory rights? PLEASE can I have a clear answer, not an if/but one!
If they are, is it not an unfair dismissal?

Also...

I asked,. What was the selection criteria applied for me to be considered?
COMPANY REPRESENTATIVE said:
 Job title
 Last in first out against other posts in Head Office

Is last in, first out reasonable selection criteria?


They stated that I must not discuss the matter with other emplyees and stated that Formal Disciplinary Action would be taken should I do so. I consider that the decision as to whether to discuss is a personal one as I wish to listen to fellow employees thoughts on the matter and to deny me the option by 'disciplinary action' is a threat/bullying.

Also I took the notes at my meeting, although I had a witness. Can I ask for a copy of the management notes and should I offer them a copy of mine?

There were many other points of concern but these are my starters for 10.

Basically, I see it as a battle between my company HR representaitive to do their job in order to pay me the minimum and my capability to absorb redundancy by obtaining the largest available payout.

Also, at what stage do I go legal? i.e. consult a solicitor?

It's the first time and a shock to the system. Life will be b....y hard on 'the chat'.

Hi SABRERATTLER

Thank you for your question although it sounds like you are having a rough time of it at work at the moment and I hope I can help you with a few points.

It is the right of an employee to join or not to join a trade union of your choice. They are also not allowed to treat unfairly because you belong or do not belong to a union, or because you refuse to join or decide to leave one.

With regards to your right to be represented, your right to bring a union representative exists even where the union is not recognised by the employer.
Employees have the right to join or not join a trade union of their choice.Workers are entitled to be accompanied at most disciplinary and grievance hearings by a fellow worker or a trade union official of their choice, provided they make a reasonable request to be accompanied.to join or not join a trade union of their choice.to join or not join a trade union of their choice.right to join or not join a trade union of their
Following a 'last in, first out' selection criteria is sometimes adopted by employers simply because it is the 'easy option (in comparison to a complex matrix which requires objective measres). Nevertheless, the introduction of the age discrimination legislation in 2006 has made the use of 'last in, first out' less straightforward e.g. If the age of the workforce means that most of those selected for redundancy on a 'last in, first out' basis are the youngest employees, there could be claims for indirect age discrimination.

As for discussing the matter with other employees. I find that rather shocking. Redundancy is a terribly stressful time and it is natural that you wish to discuss the matters with fellow colleagues. Your employer should be handling the redundancy well with good consultation to help reduce the stress that you face, not threatening you with disciplinary action. The consultation process should be a two way process where by there is meaningful consultation to avoid the redundancy and mitigate the effects.

How many planned redundancies are there? I'm not sure from your post whether it is a collective redundancy situation.

A note taker should take written minutes at the meeting. You should be asked to sign a copy of the notes, to confirm receipt and acceptance of what was said during the meeting.


Please let us know how your situation progresses and return for further advice if you need any.