redundant from wickes

stevewharf

i was made redundant on the 17 dec 08 i was given a 30 day consultation period which i believed was right since seeing news articles about M&s being warned that they have to give there redundant staff 90 days consultation because there is over 1200 people being made redundant from the establishment ie the whole company then surely wickes should of given me a 90 day consultation as there was nearly 200 members of staff made redundant at one time
second issue is that while i was still working for wickes they were holding interviews for members of staff from mfi since then i have been informed that at least 50 new members of staff have been employed at different wickes across the country should this jobrole been offered to any redundant staff

prowla

(I am not a lawyer, so caveats apply...)
To be made redundant, your job has to be disappearing, and the company cannot recruit someone to do the exact same job.
I think that a job at a different branch would not be the exact same job (eg. they could close down a shop in one town and let all of the staff there go, and simultaneously expand in another).

stevewharf

my job and the job of a supervisor were both made redundant and both jobs roles were combined so in theory my job is being done by someone else and other duties from his role as supervisor.

gtrevor

If the roles were combined, then they are correct in that the 2 original roles are redundant.

However, when making redundancies, companies have a duty to consider reasonable alternative employment, therefore you should have been offered the chance to apply for the newly created post, and any other suitable roles in the store.

stevewharf

does anyone know what the ruling is on the 30/90 day consultation period please

scottn

if 100 or more proposed redundancies at a single location there is a requirement for 90day consultation.

gtrevor

scottn wrote: »

if 100 or more proposed redundancies at a single location there is a requirement for 90day consultation.

Also bear in mind that this is over a 90 day period, so employers cannot try and spread the redundancies across a couple of months to avoid their responsibility to consult.

Between 20 and 99 people it is 30 days.

cooldude28

stevewharf wrote: »

i have been informed that at least 50 new members of staff have been employed at different wickes across the country should this jobrole been offered to any redundant staff

Is it that your store may only have a fixed amount of hours to give to staff, and may only be able to bring on a part timer if you are are a full timer.

Different stores have trouble finding staff (and may not be struggling with the current issues) may be desperate for staff.

stevewharf

so is the company a single location or is the store claased as one location according to the rules i think we should of been given 90 days not 30 days consultaion as there were nearly 200 redundancies from wickes as a company

an9i77

The obligation to consult over 90 days applies not just to a single location but to the legal entity, so if there are a number of wickes up and down the country then, if the law is strictly applied, you would consider the whole number of employees being made redundant. Sounds to me like they are definitely on dodgy ground if they are only consulting over 30 days!

artha

an9i77 wrote: »

The obligation to consult over 90 days applies not just to a single location but to the legal entity, so if there are a number of wickes up and down the country then, if the law is strictly applied, you would consider the whole number of employees being made redundant. Sounds to me like they are definitely on dodgy ground if they are only consulting over 30 days!

What happens when a company announces restructuringof variuos depts/locations over a period of say two months where there are say 10+10+200 lost roles? Do these count as one if they overlap?