Consultation in run up to redundancy

Will_Ritson

Hello

After lurking on here for a few days I've decided to post to see if anyone can advise. Apologies if a similar query already exists in the forum - I've had a good look, but couldn't find one. I've three queries to raise.

1. THE WAY IN WHICH IT WAS DONE
I was emailed by my line manager last Friday (31st July) to be told that my post was to be made redundant. The email included an attachment letter (Word document), as my notice. Whilst I appreciate that this is bad practice, is redundancy via email legal? The date on the letter is 30th July, and my final date given as 27th August. My notice period is one month, and not four weeks, so should my final date not be 31st August?

I have still not recieved any written correspondance, other than the email but have requested a meeting (in writing, delivered by hand), which is yet to be arranged, depsite several requests.

2. CONSULTATION
The firm has, IMO, failed to consult. Neither me or my colleagues were told that our positions may be at risk, although I am the only redundancy. The firm has around 12 full-time employees, and around 25+ part-time. As a small business, are we below a consultation threshold?

3. REASONING
I have been told that the redundancy is because of "the sad side of business and economics", which I gather to mean that the finance isn't there to support my role. However, my post is funded conditionally by a 3rd party (until Nov. 2011), and I have checked with the 3rd party that the firm is still claiming the funding to support my role.

Any advice would be appreciated!

Many thanks in advance

Will

Pete111

Hi

From what you have written there has not been any meaningful consultation or overtly fair selection process in relation to your role being made redundant. The business does have a duty to do things properly and what you describe appears to fall short of minimum requirements.

Can you tell us:

How long you have been there
If you do a similar job to others in the business
If anyone else is being made redundant (I think you say not?)
If the company has offered redundancy pay
If the company has offered you a chance to appeal the redundancy

The above will help us advise you

Ta

P

Will_Ritson

Pete111 wrote: »

Hi

From what you have written there has not been any meaningful consultation or overtly fair selection process in relation to your role being made redundant. The business does have a duty to do things properly and what you describe appears to fall short of minimum requirements.

Thankyou Pete111. I've answered your queries below.

How long you have been there
Almost 22 months

If you do a similar job to others in the business
No, I don't

If anyone else is being made redundant (I think you say not?)
No. I'm the only one (as far I know)

If the company has offered redundancy pay
No. Just my month notice, although I have been there just less than two years.

If the company has offered you a chance to appeal the redundancy
No they haven't. If anything they seem to be stalling on arranging a meeting with me, which I requested one day after notice was served. Going by their original email, I'm now almost two weeks into my month, and am starting to be frozen out of other activities in the business that would be my responsibility

The above will help us advise you
Thanks again. Much appreciated.

Will

Pete111

Ok thanks.

As you say you do not have a right to redundancy pay (unless there is a company policy or contractual clause re redundancy that comes in before 2 years?) so they are within their rights not to offer this. They are also within their rights to not involve other staff if it is your role that is being put forward for redundancy and noone but you does this job (jobs are made redundant, not people)

On the plus side you have been there over 12 months which gives you rights to claim unfair dismissal. Legitimate redundancy is a reason an employer can dismiss but this needs to be done properly. Your having access to an unfair dismissal claim is therefore potentially helpful here as awards can be made to a maximum of 65.3k (though they are usually less).

For a single redundancy the employer has no set timetable for consultation but this should be 'reasonable' and, at least on the face of it, represent an effort to seek alternatives to the redundancy and seek the opinion of the employee. This appears to have been ignored. You were also not offered any opportunity to involve a colleague or union rep, nor the chance to appeal the redundancy. These failures can result in a redundancy being declared 'automatically unfair' by a tribunal. You therefore you have a reasonably strong point of order to present to the company if you wish.

A further point of appeal (though perhaps less strong ) is the funding issue. You could argue that the given rationale for the redundancy is flawed.

Finally, you should be paid 1 full calendar months notice if this is in your contract. If you were served your notice on the 30th you should be paid up to the 30th of the following month - please note only working days would be payable however. You should also be paid any accrued but untaken holiday that accrues up to the 30th Aug.

You therefore have a choice. Barring the notice query which you should raise anyway, you can either do nothing and move on or put in a formal letter of appeal.

If you choose the latter I would appeal primariliy on the basis of the complete lack of process as above (+ lots on the web re this) and also the overall funding rationale as a secondary issue. Please note it is unlikely you will get to retain your job. You may however get a small payout to go quietly. If they refuse to hear your appeal or totally fob you off then you have the option to involve a lawyer who will no doubt give you a full legal opinion of your case (though this advice will cost you).

Finally, you should note that individual redundancy 'process' claims are not as strong as those where over 20 employees are involved as there is no fully defined consultation process in law. As such, although you have some decent points to push back with, please don't take my advice above as a guarentee you would win hands down at tribunal (not that you really want to go there anyway in my opinion - aim for a small payoff at best.)

P

Will_Ritson

Pete111 wrote: »

--- snip ---

Thank you very much for the thorough reply. Still no correspondance or contact from the management re. my formal request for a meeting. It's reached the stage where I wouldn't want to carry on anyway.

Requests for support in the face of unrealistic demands on my work programme and requests for meetings with management to discuss this over the past three months, have been ignored by my line manager and the CEO. I was pretty frustrated with the lack of strategic direction and support in the company anyway. This issue has just been the final straw for me as I couldn't do my job properly (without any leadship and direction) anyway.

Fortunately my partner is able to pick up extra shifts easily to help compensate for my loss of work.

Thanks again

getmore4less

Do you have contact with the 3d party funders.

They may know of other companies that could use your skills.

Will_Ritson

getmore4less wrote: »

Do you have contact with the 3d party funders.

They may know of other companies that could use your skills.

Yes, I have a good relationship with them, thanks, especially as it was my business plan that secured the funding. TBH they are being very helpful and supportive, and are more than a little concerned that I have been made redundant as to them it means that the post they are still funding no longer exists!

Thank you

getmore4less

Will_Ritson wrote: »

Yes, I have a good relationship with them, thanks, especially as it was my business plan that secured the funding. TBH they are being very helpful and supportive, and are more than a little concerned that I have been made redundant as to them it means that the post they are still funding no longer exists!

Thank you

Work this to your advantage best you can.

Will_Ritson

Just a quick word to say thanks again for the advice on here.

I met with two of the company directors on Wednesday and put the argument to them. The director heading up the meeting has been on holiday whilst the whole carry-on happened, and was embarressed to say the least. He left the meeting considering reinstating me and beginning a consultation process. Like I mentioned earlier in the thread, I wouldn't want to go back after the way I've been treated, and fortunately my partner can pick up sufficient extra work that we will be OK in the short-to-medium term.

I'm meeting with the director again next week to negotiate a severance package, which at least will allow me to move on.

Thanks again!