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Consultation/Redundancy - help


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Good morning everyone.....

 

 

Hopefully someone here can tell me what I am trying to find out as I don't seem to be able to find it anywhere else :)

 

My partner has been told today that they are making redundancies at work, which he has kind of been expecting.

 

He is to have a meeting on Friday and I think from there they are entering a 'consultation period'. He has been told that during this period they are going to reduce the working hours, by nearly three hours a day - are they allowed to do this? We can not afford a reduction like this and it sems a bit unfair.

 

Thank you in advance for any help

 

Regards

Edited by Onethingafteranother
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You need to check his contract / staff handbook.

 

If they have a lay off or short-time working clause then they can do this.

 

If not they are in breach of contract and you need to decide how you want to react.

 

The chances are if they took professional advice when the handbooks were drafted then the right will be in there.

 

Sorry - may be time to start looking what other work is out there

 

More info on short time working here: Acas - Advice leaflet - Lay-offs and short-time working

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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I can find nothing covering a reduction in working hours during a period of consultation.

 

To be honest, I think it could be argued that it may be that a reduction in hours may well signify something more than redundancy.

 

As a general rule though any alteration in working hours can be unlawful unless the Contract of Employment and/or Company Handbook allows for this in some way with a clause/section specifically covering alterations in working hours.

 

I suggest your husband reads his Contract/Company Handbook carefully and if nothing is mentioned the employer is quite probably in breach of contract.

 

On the more general question of redundancy this link may be helpful:

 

Redundancy: Introduction : Directgov - Employment

 

Sorry I can't help more.

Jimbo 44 - always happy to help, but always willing to learn from being corrected too!!! Whilst any advice given may be based upon personal experience, please always be sure you seek guidance from a professional in the particular field.

 

Never be afraid to try something new. Remember that a lone amateur built the Ark, but a large group of professionals built the Titanic.

 

A 'click' on the scales is always appreciated if I have helped. Many Thanks!

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Jimbo is right - BUT the redundancy and the short time working are two separate issues.

 

The answer lies in the contract - i.e. Did it contain a short time working clause?

 

Indeed one could argue that the placing of employees on short time, assuming this is provided for in the contract, actually strengthens the employer's redundancy rationale!

 

Seems unfair but if in the contract perfectly legal

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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His contract consists of a 'Employee starter form' and that's it.

 

An employee is entitled to a written statement of partiulars after 8 weeks of employment.

 

see Written statement of employment particulars: guidance - BERR

 

Is there any staff handbook as if so elements of this can form part of his contract.

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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