ADVICE NEEDED PLEASE/ REDUNDANCY NOTICE PERIOD

spitfire1964

Company are now not allowing me the opportunity of lodging a grievance.
Can they or are they allowed to do this?

thebrexitunicorn

spitfire1964 said:

thebrexitunicorn said:

There is no statutory right to be accompanied to a redundancy consultation meeting.   That doesn’t prevent the employer from agreeing to it of course.  The final meeting that could result in dismissal should allow for a union rep or colleague (although I’m not sure it’s a statutory right).

Could you please provide a link to support this.
Thanks

It’s difficult to find a link that says a specific right doesn’t exist.  There is a right to be accompanied (by a colleague or accredited union rep) to disciplinary and grievance hearings ( easiest place to find information is the Acas code).  Why do you believe the right extends to redundancy consultation?

thebrexitunicorn

spitfire1964 said:

Company are now not allowing me the opportunity of lodging a grievance.
Can they or are they allowed to do this?

If you want to submit a grievance no permission is required. Just send the email to the relevant individual/department. 

spitfire1964

I have requested and in writing my employment right to put in for a grievance,  but the company have refused me that opportunity.
They are claiming that I need to appeal the redundancy as a means of the concerns raised under the grievance letter to be considered.
I do not wish to appeal their decision to make me redundant, I have now secured alternative employment.

spitfire1964

In respect of your comments as to the Company not having a statutory duty in respect of being represented during the consultation period I a am afraid that I disagree with you on this matter.
The Company must have had a statutory duty, giving that they went to the task and subsequent process to select a representative which would evidently show that they had a statutory duty, because they most certainly would not have done this if they felt they did not have a duty to do so.
And like you I find no evidence nor links in support of this.

getmore4less

The election(if none  in place) of reps is for collective consultations where 20 or more are to be made redundant often done where the union reps don't represent everyone.


if you want to leave and have a job to go to watch out for them withdrawing the redundancy, they can do that and you get no payout if you leave.

spitfire1964

My new job starts after the redundancy period finnishes.
Any advice on the Company denying me a grievance hearing would be appreciated getmote4less as I am now in the process of taking matters to an Employment Tribunal, and the Company not allowing me to put a grievance in could be significant in any decision made in future.

getmore4less

What do you do if they withdraw the redundancy?

What is the legal basis of your grievance?

spitfire1964

The legal basis of grievance is predominately based on the Company failing to undertake the Consultation period correctly.
Failing to offer alternative employment (redeployment)
And abusing and giving incorrect calculations as to the notice period which would include the company giving false information as to withdraw any redundancy payments if I failed to comply with the notification they had giving, without regards nor considering the rules that state after I had completed the statutory period of notice, they had no right thereafter (7 weeks) as to delay, as was and is the case, any redundancy money owed.

getmore4less

On that later point of completion of statutory notice what you say does not read  right you may have got that wrong. 

Which part of the employment act are you relying on for that? 


If contractual or notice given is longer than statutory, the statutory period is the weeks upto termination not from  the start of the notice given.

Companies can withdraw redundancy right upto the last day of any notice period and not pay redundancy.

You can issue counter notice to try and protect a redundancy payment once in the statutory period.