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should I still be at risk?

My company is using the following strategy.

Are they allowed to keep everyone at risk after the conclusion of the selection criterion?

1) They declared a group of us at risk of a number of redundancies.

2) Then they had a consultation period ( 1 week) where we could review their selection criterion and make requests to change the criterion.

3) Then the selections were made and were called "provisional selections".

4) Meanwhile, those that were not selected are waiting indefinitely for this to conclude. We were told that we are still at risk and could be selected at any time.

Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    The provisional selections cannot be confirmed until the employer has had meetings with each of the affected individuals, and they have been given the opportunity to consider their scorings and raise any issues which they feel are relevant.

    For example, say someone is on the affected list, and scored very badly on absenteeism. Lets say they'd actually had no time off work but that by mistake the absences of an employee with a similar name had been recorded. When the error had been corrected, that could mean in fact that the employee concerned was no longer on the provisional list, but the next one up would then be on the provisional list instead.

    TBH such mistakes don't happen very often, but the point is that until each employee has had the opportunity to raise objections against the way they have been scored, it would be wrong to confirm the redundancy as definite (and more to the point would leave the employer open to a tribunal claim)

    So until the procedure has been followed completely, the other employees are still, correctly, 'at risk'.

    So hang in there - it is all part of the procedure that must be followed.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • magicdogsbrain
    magicdogsbrain Posts: 178 Forumite
    Any time limit associated with the provisional period?

    If they change those provisionally selected (based on reassesments of the performance selection criteria) to others in the at-risk group - do they then have to review the selection criteria with the newly selected individuals?
  • jazzyman01
    jazzyman01 Posts: 754 Forumite
    There is always a chance that when someone appeals against selection that the change could mean someone else falls into the bottom. That individual would then have the right to follow the appeal process to ensure that the information on them is accurate.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Any time limit associated with the provisional period?

    If they change those provisionally selected (based on reassesments of the performance selection criteria) to others in the at-risk group - do they then have to review the selection criteria with the newly selected individuals?

    I don't thing there is any upper time limit to consultation it continues till there is nothing left to consult over.

    Even those not on "the list" should still be trying to consult and avoid redundancies or reduce the impact.

    Untill consultation is over and termination notices are issued everyone is "at risk"

    The reality is that everyone is always at risk of redundancy
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