2 week consultation period for redundancytalks.

Page 1 of 2 12 LastLast
  1. #1
    5up3rman 5up3rman is offline Junior Member
    Join Date
    Jan 2012
    Posts
    7
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default 2 week consultation period for redundancytalks.

    Hello

    Firstly thank you for hosting such a great forum.

    Friday 27th January myself and 5 other colleagues across 3 depratments were told that we/our roles could be made redundant due to the business looking at new strategies and thus having to restructure.
    We were told as a group, one was called in seperately as she is on mat leave (just for info) at around 15:30 due to the amount of vast rumours flying around our office (roughly 50 employees).

    The consultation period is due to start from Monday 30th Jan and that is the day when each of us will have our indivisual consultations.
    I have read a lot on the internet as to our rights of what we should be told during this process and the information we should be provided with. I am a little unsure what actually happens in these meetings however.

    My main concern is how they have gone about choosing us or these roles for potential redundancy and also why this has excluded two departments(i assume their answer will be that this is to do with the new strategy/business focus).
    I am pretty sure that my company will for the most part follow the "rules" but from experience i know they tend to cut corner on HR type issues and rely on ignorance of individuals.

    I am currently on paid leave during this consulation period, i also know that i will have the right to appeal.
    When am i allowed to exercise this right of appeal and can argue based upon selection process as well as saying correct and satisfactory information has not provided?

    I hope i haven't ranted too much and i will have more slid news ater monday.
    But thank you in advance for your help.

  2. #2
    SarEl's Avatar
    SarEl SarEl is offline Expert Advisor
    Join Date
    Sep 2010
    Location
    North of Watford
    Posts
    4,716
    Thanks
    4
    Thanked 733 Times in 694 Posts

    Default

    Hmmm - a tad annoyed are we? Sorry, but this won't cheer you up I'm afraid. Redundancy is a bitter pill, and once in the frame it is nigh on impossible to successfully argue your way out.

    You cannot appeal until such time as you are made redundant - i.e. when you are served notice. The employer, if they decide to make yopur roles redundant, may never actually make you redundant. There may be suitable alternative employment available and you could be redeployed into that - it is a legal requirement that the employer do so if such positions are available. I sincerely doubt that you will get anywhere arguing that they haven't provided you with satisfactory information - it may not be satisfactory to you, but the fact is that the legal bar is very low, and you have very nicely summed up ("this is to do with the new strategy/business focus") about all they have to tell you! Process is the main thrust of any successful challenge - but again the bar isn't very high and only a stupid employer can't meet it. In the end, the law is saying that an employer has to be broadly fair, so they can't just go "you, you.. and er, you"; but the law will not tell an employer what positions they must have in their business or that they must employ certain people in those positions. That means that your only real "protections" are to be treated fairly while being made redundant, rather than to not be made redundant. Sorry.


    Employment Advice / About Me


    (Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).

  3. #3
    5up3rman 5up3rman is offline Junior Member
    Join Date
    Jan 2012
    Posts
    7
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default

    Will give more info after tomorrow.
    However I think the only bit I can see potentially being a argument is the process used to decide who to make redundant.
    But I more want to cause them a nuisance rather than any hope of fighting redundancy.

  4. #4
    SarEl's Avatar
    SarEl SarEl is offline Expert Advisor
    Join Date
    Sep 2010
    Location
    North of Watford
    Posts
    4,716
    Thanks
    4
    Thanked 733 Times in 694 Posts

    Default

    Be careful. Revenge sounds a wonderful thing until you read your reference!!!


    Employment Advice / About Me


    (Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).

  5. #5
    5up3rman 5up3rman is offline Junior Member
    Join Date
    Jan 2012
    Posts
    7
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default

    That is a good point

  6. #6
    SarEl's Avatar
    SarEl SarEl is offline Expert Advisor
    Join Date
    Sep 2010
    Location
    North of Watford
    Posts
    4,716
    Thanks
    4
    Thanked 733 Times in 694 Posts

    Default

    Quote Originally Posted by 5up3rman View Post
    That is a good point
    Glad I could help. People usually forget that even if they have left an employer, they still need the employer more than the employer needs them !


    Employment Advice / About Me


    (Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).

  7. #7
    5up3rman 5up3rman is offline Junior Member
    Join Date
    Jan 2012
    Posts
    7
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default

    It just grates that it seems like the selection process is not fair.
    But will see what happened on mondy

  8. #8
    5up3rman 5up3rman is offline Junior Member
    Join Date
    Jan 2012
    Posts
    7
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default

    Had first consultation meeting today.
    What a weste of time!!!!

    No information was given just i was allowed to ask questions and put forward points how i can keep my job which may not have been considered in the process.

    However i do have a question about my colleague who is being made redundant and she is currently on mat leave.
    She also had her meeting today, i was under the impression they had to keep her position available for her or a role similair to her current position.

    This is not the case and there is nothing on offer for her and no other positions have been created.
    Is this legally correct, i may have read wrong into it.
    Thoughts??

  9. #9
    SarEl's Avatar
    SarEl SarEl is offline Expert Advisor
    Join Date
    Sep 2010
    Location
    North of Watford
    Posts
    4,716
    Thanks
    4
    Thanked 733 Times in 694 Posts

    Default

    Quote Originally Posted by 5up3rman View Post
    However i do have a question about my colleague who is being made redundant and she is currently on mat leave.
    She also had her meeting today, i was under the impression they had to keep her position available for her or a role similair to her current position.

    This is not the case and there is nothing on offer for her and no other positions have been created.
    Is this legally correct, i may have read wrong into it.
    Thoughts??
    It isn't necessarily entirely true. People can, contrary to popular myth, be made redundant when on maternity leave - it is just harder to do this and remain within the law, so employers tend to try to avoid it.

    If they are making her position redundant - so it isn't a case of there being another such position available but someone else has it (as in 5 out of the ten secreatries have to go), then she is certainly redundant. So there is still an issue of suitable alternative roles - if such exist she should be automatically offered one without interview and ahead of the rest of you. But if there isn't the employer doesn't have to create a job.

    You are comfusing the right to return to work after maternity leave and redundancy.


    Employment Advice / About Me


    (Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).

  10. #10
    5up3rman 5up3rman is offline Junior Member
    Join Date
    Jan 2012
    Posts
    7
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default

    Yes seems like I am getting confused.
    Thank you once again.
    I don't really undestand why I am going to these meetings.
    I really dot understand what the purpose of them and I seem to be told very little in them.

    Is there something I'm missing?


 
Please share us with friends or colleagues!

Page 1 of 2 12 LastLast

Similar Threads

  1. Redunancy and the 4 week trial
    in EMPLOYEES Ask redundancy questions
  2. Please help, only 1 week to decide!!!!
    in EMPLOYEES Ask redundancy questions
  3. Four week notice period - extension
    in EMPLOYEES Ask redundancy questions
  4. I need Advised Please Help - 4 week cooling off period
    in EMPLOYEES Ask redundancy questions
 
Powered by vBulletin® Version 4.1.12
Copyright © 2012 vBulletin Solutions, Inc. All rights reserved.
Content Relevant URLs by vBSEO ©2011, Crawlability, Inc.
©2011 MC Buckingham Limited No Duplication Permitted! vBulletin 4.0 skin by CompletevB.com



vBulletin 4.0 skin by CompletevB