several redundancy questions

naturally_2

Hi guys

very sadly i have just been told i am "at risk", and since more than 20 employees affected, I have a 30 day consultation period ahead of me. i also intend to appeal, wich i understand i can do once the company tells me i'm redundant.

So... first question, is it legal?? They have basically killed off the entire marketing team, yet since redundancies in december we have been busier than ever. given that our budget has been cut to almost zero we have more not less to do since its all being done in-house now. I thought you could only make someone redundant if their job role ceased to exist, not just in the interests of cutting costs?

2) do all companies have to give up to £1000 re-training help? its something one person told me about but the person who kindly informed me of my status is a but cagey about details. :rolleyes:

3) can they make me work from now until i'm officially made redundant? past cases in this company have been released immediately i'm sure, but they say i have to continue to work since i'm only "at risk" (apart from "reasonable" time off for interviews etc. Does anyone know what is right in this instance?

4) part of my appeal when it gets that far is to appeal against them keeping on my boss' boss - but he will be in that meeting. Can i request otherwise? Can i request that the MD sits in? (he won't be on my side as he will have made the decision with my boss' boss, but i have quite a bit to say to him ) And if I request him does he have to attend?

Advice and pointers to legal documents all welcome! Thank you.

p00hsticks

1) Yes, I think it is legal. They don't have to make everyone in a particular role redundant - it may be simply that they need less people in a particular role, or that for business reasons they need to restructure and redefine / merge roles, and that still counts as redundancy.

2) Never heard of this (but I'm not an expert)

3) Yes. Just because you've been told you're 'at risk' doesn't mean that you necessarily will be made redundant, so I think you pretty much carry on as usual - I'm not even sure if they are obliged top give you time off for interviews until the point where you've actually been told you are being made redundant.

4) I don't really follow what you are getting at here ? My understanding is that the purpose of an appeal is to show why they shouldn't have made YOU redundant - unless your bosses boss has also been flagged as being at risk, is doing the same job as you and was retained in preference to you despite scoring less according to the agreed scoring matrix, then I don't really see how relevant it is that he still has a job....

For more general details, try here
http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/index.htm

CFC

naturally wrote: »

Hi guys

very sadly i have just been told i am "at risk", and since more than 20 employees affected, I have a 30 day consultation period ahead of me. i also intend to appeal, wich i understand i can do once the company tells me i'm redundant.

So... first question, is it legal?? They have basically killed off the entire marketing team, yet since redundancies in december we have been busier than ever. given that our budget has been cut to almost zero we have more not less to do since its all being done in-house now. I thought you could only make someone redundant if their job role ceased to exist, not just in the interests of cutting costs?

Yes, this is entirely legal. Sadly sales and marketing teams are often the first to go, very shortsighted but not unusual

2) do all companies have to give up to £1000 re-training help? its something one person told me about but the person who kindly informed me of my status is a but cagey about details. :rolleyes:
No, they don't

3) can they make me work from now until i'm officially made redundant? past cases in this company have been released immediately i'm sure, but they say i have to continue to work since i'm only "at risk" (apart from "reasonable" time off for interviews etc. Does anyone know what is right in this instance?
Yes they can.

4) part of my appeal when it gets that far is to appeal against them keeping on my boss' boss - but he will be in that meeting. Can i request otherwise? Can i request that the MD sits in? (he won't be on my side as he will have made the decision with my boss' boss, but i have quite a bit to say to him ) And if I request him does he have to attend?

No, who attends will be stipulated under your company's appeal procedures, unless you have a grievance in against your boss's boss. But think carefully - it's an opportunity to show your hurt and anger, but references will be needed in the future and the situation may change at the last minute - would you ever want to work there again?

Advice and pointers to legal documents all welcome! Thank you.

Sorry to hear about your position, good luck.

naturally_2

Thank you, some really helpful comments from you both.

no.4 is simply that the company managed without him for 5 years until this one and his salary is 8 + times that of mine, so i would simply like too question why he is being left in place not me (I am in a different role, cost a lot less and am arguably more useful). I don't suppose i will have a case on it, just wanted to know.

One final question, When should I appeal? I got told after they had consulted and told me i was officially redundant, but a colleague in the same position as me said she was told you should dispute at the first consultation meeting. Are the two different?

Thanks again guys.

CFC

It all depends. If there is a realistic opportunity of redeployment, then pursue that. If not, then you need to wait until you actually have a decision that you are redundant, you can then appeal. You cannot appeal a decision that has not yet been made.

As for your last suggestion, if you can control yourself and put this forward in a positive way, you can raise this in your consultation meeting. You need to make a business case for it. If it has any legs, then it may well get considered, if you can make a strong case.

If it doesn't, then it's just not what the company want to do, so don't go on about it as you will get nowhere. That cannot form part of your appeal. An employee cannot dictate/appeal against the company's choice of organisational strategy, hope that makes sense.

You can appeal against unfair selection etc.