Potential Redundancy.

ScoobyZ

Hello I am in a pool of people that are potentially being made redundant to save money for the NHS. 99 out of 229 people will be made redundant to save money in this financial year. Details in the link below.

My contract says notice I have to give to the company 12 weeks. Also notice the company has to give me is 12 weeks.

I shall hear on the 7th Jan 2010 if I am one of the unfortunate 99 and have been led to believe I will only get 4 weeks notice. Does this sound right?

Also if they make me redundant on 7th Jan and pay me 12 weeks that will take me to 1st April 2010 which won't make a saving in this financial year. All seems a bit odd.

Do you think they can reduce my notice period via redundancy ?

http://www.portsmouth.co.uk/newshome/Union-demand-answers-as-NHS.5906184.jp

caeler

They can't reduce your notice. If savings having to be made before new financial year they may wish to pay in lieu of notice (PILON) so you can leave as soon as they confirm your redundancy and at the start of your notice.

I can only assume that if you don't know if you've been selected out of the pool, then your consultation will start once your selected, so on 7 January they will consult with you, as its 99 (very convenient) you'll go through collective consultation which will last for 30 days.

Are there any jobs you can apply for if you are put at risk?

Good Luck.

Ewarwoowar2

No. If your contract says that you are entitled to 12 weeks' notice then it's a breach of contract to give you anything less.

Ewarwoowar2

bluefuzzybug wrote: »

I can only assume that if you don't know if you've been selected out of the pool, then your consultation will start once your selected, so on 7 January they will consult with you, as its 99 (very convenient) you'll go through collective consultation which will last for 30 days.
.

An employer must consult with the affected employees BEFORE the selection process, not after.

ScoobyZ

Hello, yes the consultation has begun and we have been handed a letter informing me that I am at risk. The letter was given to me on 18th December.

I am waiting to find out if I am made redundant before getting something else, although I have made a few calls and hope to have something lined up.

Thanks for the advice. I thought the 12 weeks as per the contract seemed correct.

longhauladdict

Hi
Just to add, that as you are in collective redundancy consultation, then you should have been given the opportunity to elect employee reps to represent you.
The 30 days does not start until the first rep meeting. If they have failed to allow a reasonable time scale to elect reps (taking into account time of year/hols etc) then they have failed to consult properly.
Also, check that your contract does not refer to a week for each years service up to a max of 12 weeks (some people see 12 weeks and read this as their entitlement even if they only have 4 years service).

Also, to add on the selection process then this can take place during the 30 days. also its worth noting that as it is 99 potential redundancies, you need to try to keep track, if it goes over 100 then they need to consult for 90 days. I would suggest that they are sailing close to the wind by saying 99, as if the numbers increase even by 1, they will need to go back and consult with everyone affected for the full 90 days!!!

Any more advice needed, just shout, I have been involved in literally hundreds of redundancies this year - please don't hate me!!! xxx

Ewarwoowar2

longhauladdict wrote: »

Hi
Just to add, that as you are in collective redundancy consultation, then you should have been given the opportunity to elect employee reps to represent you.

That's not right.

Employers must consult trade union representatives rather than any other category of representative where the affected employees fall within a category in respect of which an independent trade union is recognised (section 188(1B), TULRCA).

As you're in the NHS you're likely to be convered by trade union representation.

ScoobyZ

longhauladdict wrote: »

Hi

Also, check that your contract does not refer to a week for each years service up to a max of 12 weeks (some people see 12 weeks and read this as their entitlement even if they only have 4 years service).

I have just under 1 years service and am at band 6.

On the front of my contract it states:

Notice Period from you to the Trust: 12 weeks
Notice Period from the Trust to you: 12 weeks

There is a bit where it says what you refer to above and this will normally affect those with 4 weeks notice. That each year entitles them to an additional week. However they are only addressing people under 2 years service.

I have asked my Personell and they have replied:

To confirm notice periods in your individual contract of employment will be honoured.

At this time we are not able to confirm to you what your notice period is, but you should have a record in your own copy of your contract. If you are one of the staff who is given notice, you will have a one-to-one meeting and this will be clarified for you at the time.