incorrect consultation period????

brunettegirl

the company I work for has said they intend to make 200 redundancies accross the company - well 200 letters went out. But we have been told we get a 30 day consultation period - how can this be right?
Everything I have read says if 100+ its 90 days. Is there a legal loophole?

We are all based in different offices accross the town

dbuk44

Hi Brunettegirl.


There is no time limit to how long a consultation period may last. The law only says the employer must begin the process of consultation in good time and complete the process before any redundancy notices are issued.

For 100+ dismissals there is a minimum period between the start of the consultation and actual dismissals, and thats the 90 days you refer to.

i.e. in your case I believe what your employer is doing is this:

day 0 = your notification date, start of consultation
day 30 = end of consultation
day 90 = dismissals take effect


.

hex2

brunettegirl wrote: »

the company I work for has said they intend to make 200 redundancies accross the company - well 200 letters went out. But we have been told we get a 30 day consultation period - how can this be right?
Everything I have read says if 100+ its 90 days. Is there a legal loophole?

We are all based in different offices accross the town

If there are more then 100 in any one location then 90 days applies. For 20 to 99 in any one location then it is 30 days.

yes, potentially legal on this basis as long as your site is likley to lose no more than 99 roles.

Sorry - hope everything works out for you.

crawli1

My ex was made redundant yesterday. He was asked to go to a meeting on Wednesday where he was given a letter with regards to a consultation period. Then yesterday he had another meeting where they told him he was losing his job. Also, in the redundancy information they gave him, they have given his last day as 17th July but have told him not to go back into the office. He is the only person that deals with the servers in the company and back-ups etc, yet there is another person that he works with who does nothing all day, every day and knows nothing about IT or IT processes. Beggars Belief!!

hula-hoops

crawli1 wrote: »

My ex was made redundant yesterday. He was asked to go to a meeting on Wednesday where he was given a letter with regards to a consultation period. Then yesterday he had another meeting where they told him he was losing his job. Also, in the redundancy information they gave him, they have given his last day as 17th July but have told him not to go back into the office. He is the only person that deals with the servers in the company and back-ups etc, yet there is another person that he works with who does nothing all day, every day and knows nothing about IT or IT processes. Beggars Belief!!

Remember that the official line is that roles, not people, are made redundant, although it can seem as though individuals are being singled out. In my case, I have worked for the company for 5 years and was one of the top sales people with the highest salary among the sales staff (and also the highest commission). However, the particular product that I specialised in is no longer being sold by the company therefore my role is redundant.

It sounds like your ex-husband is on garden leave - he needs to be careful about taking another job during this time. The 17 July will be the day they are paying him until and so he should not work before this date. He also needs to check to see if he has a 'non-compete clause' in his contract as this would mean he would not be allowed to work for a competitor within a certain timeframe - this is quite common for people who have access to company passwords, knowledge of the servers and IT processes as well as managers and others who have been given confidential company information.

p00hsticks

brunettegirl wrote: »

the company I work for has said they intend to make 200 redundancies accross the company - well 200 letters went out.

I think you need to clarify ths - just because 200 have been told they are at risk, it doesn't necessarily follow that the company are looking for 200 redundancies - it could be considerably less.

brewerdave

crawli1, I went thru a similar experience 3 years ago, 1st meeting Friday - job at risk, 2nd meeting following Tuesday - told I was redundant unless I could find any reasons to overturn & sent on gardening leave for 3 months (my contactual notice period prior to dismissal). I, too , was the only one in the Company trained to carry out certain critical tasks, but they took my mobile phone Sim, PC password and basically muddled thru'. All that mattered was that I was the most expensive employee at my level in the Company ( salary, benefits etc) Only paid statutory redundancy which was less than 1 month's salary for me!

brunettegirl

the company do not know how many redundancies they need to make as they are waiting to find out if they have won the bid, they have only just started the tender process. So they are working on worst case scenario.

Jastons

I know very little about redundancy so was hoping someone could help. My Mum was informed this morning that she, along with the other 7 members of staff where she works, are being made redundant in just over 3 weeks time. She was given no warning that this would be happening and was even assured a few weeks ago that "everything will be ok, all jobs are safe" although this assurance was made in an informal conversation.

They company have not mention anything about a consultation period. Are they allowed to do this?