Help on Consultation period

  1. #1
    Char77 Char77 is offline Priority Member
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    premium_post Help on Consultation period

    I had a mtg request named"issues regarding decembers mtg and the PTA role"this was sent on 8/5/09 for a request on 9/05/09. In December I changed my working hours due to me being a single mum and struggling to drop my child off and then get to work on time with the traffic and having to travel 20miles a day. I went into the meeting on Friday, and was told that becuase I didnt fill in my daily diary right ,then the role is no long needed within the office. Seven weeks ago I showed my diary to my line manager and he had said everything was fine, my attendance was great,my diarywas good, no mention that I hadnt entered times in the diary.
    I was told that I would be on a consultation period as of that day(Friday) and I could leave the office and to return a week on Monday, full pay.
    We will then discuss a week on Monday to see if they have another role for me within the company. Otherwise I shall be made redundant.
    I was told only a week ago that they were advertising for a similar role in the company,when asked in the mtg,they said they had put this on hold. Also, they had emplyed someone else that week to do one of my jobs which I do on a daily basis.
    Do you think I have been suspended, as I thought a consultation period was in writing and had to work that 30days?
    Also,due to my line manager not mentioning anything about me not entering correct details in my diary, do you think I have a leg to stand on to try and get solicitors involved for unfair dismissal??

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    Peter Etherington Peter Etherington is offline Senior Member
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    Hi Char77

    Sorry but I have struggled to follow much of your post. I don't really understand your references to a daily diary. However, if they are suggesting that your role is to be made redundant, that should have nothing to do with your performance or conduct at work, it should be to do with the company no longer having a requirement for your role.

    If, on the other hand, what is happening is that you are being selected for redundancy from a number of other employees in similar roles, your employer should be following a fair selection process. That would involve consultation (not necessarily for 30 days, but certainly for more than one day - I usuall recommend 2 weeks). It would also normally involve using a number of different selection criteria to decide on who should be selected.

    I suggest you ask them to put in writing to you what your status is at the moment - ie whether you have been suspended or whether you are just being offered additional paid leave. Keep records of all discussions, emails, letters, etc.

    You may be able to claim unfair dismissal if they go ahead and make you redundant. I suggest you have a quick look at my redundancy guide for employers to see what they should be doing.

    Hope that helps

    Pete


 
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