Redundancy Procedure Query

Clarkee21

Hi there

I've been informed this week that my role is to be placed on the "at risk" list for redundancy and a consultation will start this week.

This is the first time I've had to do this so I've been doing some research on the ACAS, TUC and Citizens Advice sites to find out more.

There's a few things I've found that make me think something isn't right about this process so I was wondering if someone more knowledgeable could possibly confirm a few points for me please?

1) The company of 16 staff, builds software and, although I have no formal job description, my role is that of Senior Developer. The development team consists of 8 F/T & 2 P/T members which are myself, one technical director and other developers at various levels.

In my day-to-day work I do the same as the others but provide my experience to support the team. I have been with the company for 11 months.

When I asked why my role had been chosen I was told it was because it was introduced at the start of the year in preparation for future growth. That is no longer the case so it is not required.

Is this a valid reason?

My initial thought is that this could be applied to any team member and I have not seen any evidence to prove this is the only role that would not provide this going forward.

2) Checking my contract there is no redundancy procedure mentioned.

The sites above indicate that a national standard procedure should now apply and that this should be fair and open to all staff that could be affected by these changes. It concerns me that none of the rest of the development team has been advised of any consultation. Should we all have entered into consultation for this to be fair?


3) No other cost-cutting measures have been introduced before this time. In fact two new staff members were taken on recently - one junior developer and a Sales Director to work alongside the existing sales staff.

An expensive business investment has also been introduced during the time they indicated the problems started. Cheaper alternatives could have been sought.

They have also been purchasing a company car.

Is this an issue or are the company within their right to go straight to redundancy procedures?

Can they make someone redundant purely on the basis their salary is the highest when they need to cut costs?

Any help you can provide would be appreciated.

Thanks
James

marlot

With 11 months service, they can let you go with no reason as long as it's not racial, sexual or disability discrimination, alas.

Mersey_2

Yes, the decision still needs to be a reasonable one and based upon criteria. Business ie the lack of is valid.


Breach of contract is the only potential challenge, but I would not advise it in this case.

Clarkee21

Thanks both for your feedback.

Mersey - For my own understanding really, could you elaborate on why you think breach of contract isn't advised?

Thanks again
James

TBagpuss

You have't given any indication that they have breached their contract with you.