Redundancy - help and advice please

helpingafriend

Hi there,

I am new to this forum but it has already been of invaluable help with previous threads. I am looking for some advice for a friend please.

The facts are as follows; The company has to save money so some jobs were announced to employee reps as going to be at risk. Which jobs were not specified. One week later people are called in and told they were ok or their job was at risk.

My friend works in a 2 person department, both people doing interchangeable jobs. However only my friend was told that their job was at risk and given an 'at risk' letter. One week later at the consultation meeting my friend was told that they were being made redundant and given a letter confirming this with 1 month PILON.

Firstly the redundancy was not correct and had not taken into account consideration previous service on fixed term contract. The company did rectify this after consulting their legal advisors.

My friend is appealing the decision based on not having been told the selection criteria, procedure not followed, and that only 1 person out of 2 appears to have been considered and it has been admitted that my friend's position still exists.

Specific questions we would like help with are:
1) can the redundancy cheque be banked or is this tacit to accepting the decision?
2) should both people in the department have been given at risk letters - they even share the same job title by the way
3) technically the other person has 1 more qualification but also has a poorer attendance record and has only been with the company 18 months - should this have been taken into account?
4) was there sufficient consultation - ie one week between being told the job was at risk then told made redundant?

Thank you in advance for your help

Pete111

In answer to your 4 points

1) I would hold off banking this for now (if possible)
2) Yes. From what you have written I'm pretty certain this should be a 'two jobs into one' situation so the individuals in both roles should have been put at riskand assessed equally. This should be a key plank of any appeal
3) Selection is rarely straightforward but all those factors could be deemed suitable for inclusion in the process.
4) It's a bit short but could be deemed just about reasonable at tribunal unless 20 or more people have been made redundant from the firm in the last 90 days.

I would focus my appeal on 2 & 3

Rgs

Peter

helpingafriend

Thank you Peter, that is very helpful.

At the first meeting when my friend was told that their job was at risk, should they have been previously advised that they could have a colleague present? I have come across that on other threads but am not sure if that is correct.

Thanks again for your help.

helpingafriend

Sorry - one more quick question please. The company is likely to suggest a time they know to be inconvenient for the appeal meeting. Is it reasonable to request a different time, or would it be better to make arrangements and just attend whatever time the company wants?

Pete111

Hi

In answer to both your queries.

1) Yes. Your freind should have been formally invited to the consultation meeting in writing and been given the opportunity to bring a colleague or TU representative. This should also be mentioned in the appeal as it is a strong indicator that due process was not followed

2) To a point Yes. The company should be reasonable in setting the time for the appeal hearing and pay heed to requests for alteration. This requirement to be reasonable also applies to the appellant however so, for example, your friend could not request a 11.30pm hearing on New years eve and expect to get one!

There seems to be a few errors made by the company re this one - has your friend received any legal advice? If not I advise she does, I think a lawyer may well be interested.

getmore4less

I think the key point is there seems to have been no consultation.

The first meeting should have been to discusss ways to avoid the redundancy not get made redundant.

It is good practice to issue the at risk which includes the reasons for selection and give some time for this to be considered before a formal consultation meeting, over a weekend is good.

How many people are involved in total? (group consultaion rules may apply)
If there are reps in place looks like they are not doing their job properly.

Should have been told they can take someone in with them

helpingafriend

Thank you Pete111 and getmore4less.

Out of all the people told their job was at risk (12) at least 9 have been made redundant. The fate of the remaining 3 is unclear but it is believed they still have jobs at maybe reduced hours. No one really knows yet.

I have been encouraging my friend to take legal advice, and reading the posts to check on insurances to see if there is any cover there.

It is difficult to prove but seems pretty clear that someone had to go and that no one but my friend was considered. I do not believe it was wholly personal as the company does have to make cuts and lose people, but I do think it was a case of whose face fits the best.

The 'at risk' letter states that the selection criteria and the reasons for the position being at risk were discussed, but as this had all come as such a shock and there was no colleague present to witness anything the memory of that meeting is pretty unclear.

I also doubt that there was any explanation why the person in the other position, with exactly the same job title, who only joined 18 months ago, apparently didn't face the same risk to their job.

helpingafriend

I'm sorry, I have another question!

My friend has just had the letter inviting him to a meeting to discuss the appeal. This is to be with the director who first informed him he was redundant and another director to take notes.

My friend has been told they have the right to take a fellow employee in with them but that the company must be advised if that is to be the case.

It sounds like this has come straight from HR but is this correct? Do you have to say that you are taking someone in and if so, do you have to say who it is? Or really, as you have this right, is it just automatic and you should not have to let the company know?

Pete111

Hi

I always ask the same question (I'm in HR) and usually get a response re who they are bringing. Basically it has to be a colleague or TU rep (if applicable). It can't be a freind or solicitor etc so that is the reason for the question. Is your freind planning to take someone?

P

helpingafriend

Hi Pete,

Thanks once again for your help. Yes my friend is planning to take a colleague. I think a witness is definately called for. Is the colleague allowed to make their own notes during the meeting, or do you have to wait for a copy of the minutes?

Also, is it permissable to ask to see there and then a copy of the scoring against the selection criteria - with the other names blocked out of course.

Many thanks in advance

Sorry - I have a further couple of questions - my friend has been told by a remaining colleague that the person left in his department has said that he cannot cope on his own and that he needs help, apparently someone else has volunteered to do the job. This person's job went a few weeks ago with the closure of the department so he would effectively be transfering in and taking my friend's job.
My question is can my friend cite what his former colleague has said at the appeal meeting or will it be dismissed out of hand as there is no evidence?

Regarding the appeal meeting itself, is the company obliged to answer all the points my friend has - and it is getting to be a long list thanks to the advice that has so kindly been given - or is it likely that they will avoid answering to give them time to seek advice.

Thank you again

helpingafriend

Hi - sorry I have some more information and more questions. Apparently the company say that the selection criteria was not put in writing but discussed with the employee concerned at the first consultation meeting. They were not informed that they could take a colleague into this meeting with them so consequently recollections of what was actually said are vague as really the only thing heard was - your job was at risk.

In my friend's case, although there is another person doing exactly the same job with exactly the same job title, only my friend was told that their role had been identified as specifically at risk. Is this correct procedure?

Also, the company claims that everyone in the company was effectively put at risk by sending a letter. Two days later after this letter, those specifically at risk were informed. Is this sufficient time for the company to have carefully considered everyone and rated them against this unwritten selection criteria? The company employed at the time around 80 members of staff.

I should really appreciate help with this as the appeal meeting is quite soon and my friend is very nervous.

Thank you very much.