Redundancy consultation

sparkle84

Hi my role along with two others are being made redundant - could anyone advise me if less than a week is a suitable consultation period

Thanks

marybelle01

sparkle84 wrote: »

Hi my role along with two others are being made redundant - could anyone advise me if less than a week is a suitable consultation period

Thanks

It is if there's only two of you. There's no minimum period set out for less than twenty people.

sparkle84

Thanks for you reply - should I be given an indication eg consultation will end 8 August - or is "probs next week sufficent" also there is a suitable alternative role which they are ignoring I assume I bring this up at my next meeting - final question, and I really appreciate any help I am given, to take them to a tribunal do I have to appeal the redundancy first

Thanks

princessdon

Don't go thinking about tribunals just yet,

Consultation - if the job has gone it's gone - unless you give reasonable requests for them to consult/consider then dragging it out is probably not necessary.

So do you have valid consultation items - given the reasons they gave for reduncancy can you offer alternatives for them to consider?

Suitable alternative - you need to ask them if it is, and if not why

Yes you woud have to appeal if the above are not successful to stand any chance at tribunal (they expect in most circumstances that you have tried to work it out first).

sparkle84

princessdon wrote: »

Don't go thinking about tribunals just yet,

Consultation - if the job has gone it's gone - unless you give reasonable requests for them to consult/consider then dragging it out is probably not necessary.

So do you have valid consultation items - given the reasons they gave for reduncancy can you offer alternatives for them to consider?

Suitable alternative - you need to ask them if it is, and if not why

Yes you woud have to appeal if the above are not successful to stand any chance at tribunal (they expect in most circumstances that you have tried to work it out first).

Thanks there is an alternative suitable role, I am an EA whose team has left en masse - another team are currently interviewing for an EA - exact same position in fact a role I once did for six month - I don't believe they are going to offer that role to me however I believe they should- so on that basis My understanding is i have grounds for appeal and if not resolved through that process I can take them to a tribunal - this IMHO isn't complicated but I welcome all views and opinions

MissSarah1972

My consultation was 4 days before I was told it was me that was picked to lose my job.

We weren't really 'consulted' as such just told it was going to be one person and then the powers that be decided who.

princessdon

You need to ask them first Re why they are not considering it suitable alternative.

They will either say, sorry it is (therefore no need for a tribunal/appeal) and you slot straight in or will say why.

the reason they give as to why it's not is important before any future decisions can be made really.

sparkle84

princessdon wrote: »

You need to ask them first Re why they are not considering it suitable alternative.

They will either say, sorry it is (therefore no need for a tribunal/appeal) and you slot straight in or will say why.

the reason they give as to why it's not is important before any future decisions can be made really.

Thanks a lot you have confirmed what I thought offer the job or explain why not

princessdon

They would have to give a clear explanation (in writing/email/documented consultation) as to why they don't consider it suitable.

That reason will form your next action.

Eg if it is a grade lower - they can argue it's not, you can argue you accept this etc. It's just not possible at this stage to put together an argument for Unfair Dismissal without them seeing this.

Eg I am going through redundancy (90 days consultation) they didn't consider me for a post and advertised externally, it was a mix up (they hadn't realised I had those skills), a very simple converstation cleared it up.

sparkle84

Thanks princess don my is an international company but there is only around 180 of us in the uk with around 10 EA's all the same grade and contracts I think HR may be blissfully unaware the team are interviewing for this role but thanks for confirming they need to put their reasons why I couldnt have the job in writing I didn't know that. It really is very useful to post on these forums you learn a lot

princessdon

Under ACAS guidelines they have a duty to offer suitable alternatives IF they are available.

It sounds like an oversight - just didn't want you going two steps ahead. Can't say how many nights I fretted they didn't want me, had I done something wrong etc when this job was advertised externally.

Raise the issue formally (Ideally via consultation - if they note take) and take it from there.

With redundancy it's one step at a time - because that step alters the future so no point in rushing ahead until you know the answer.

good luck - if they do come back for whatever reason with it is unsuitable do pop back and ask for advice on this (once we know their reasons - if any).