Redundancy

[lady93]

I have been advised that my role is 'at risk' of redundancy and a 2 week consultation process is to commence, with the effective date being 31.12.08 (Merry christmas to you also!!!)

 

Under the new structure there are 2 possible redeployment opportunities available 1 full-time post at a lower grade and 1 part-time post at a similar level currently to me. Within the section we also have a temporary part-time employee undertaking the lower graded post.

 

If I express an interest in either one of these new posts can I exercise my right to the statutory 4 weeks trial period without loosing my right to a redundancy payment (which will be enhanced over and above the Statutory Reducdancy payment)?

 

Also what implications would being part-time at the moment have on the fact that 1 of these new positions is full-time.?

 

Thank you

[kfdh1962]

you have a legal right to a 4 week trial on offers of suitable alternative employment. If during or at the end of that trial you decide its not for you, then you can still leave with your rdundancy pay.

if an individual refuses the option of suitable alternative employment without taking the 4 week trial this can affect redundancy pay.

 

the suitable alternative is a point of debate, the part time post on a similar grade to your current role (which i understand to be part time?) would probably be considered suitable. The other post, full time and lower grade could be argued as unsuitable if for instance you can only work part time hours for some reason, i.e you may only be working part time due to responsibilities for care of children etc so full time would not be suitable and in this case refusing the opprotunity and trial should not affect you right to redundancy

[elche]

a 2 week consultation process is to commence, with the effective date being 31.12.08

 

As consultation is not meant to be a pre-determined process how on earth can your employer have a definite end date before the process has begun?

 

Surely this is merely a 'proposed' end date. Otherwise this suggests a non-genuine and not trully meaningful consultation process which could make your eventual potential dismissal unfair

 

Che

[kfdh1962]

as che says ... consultation is to discuss your "provisional selction" alternatives to the redundancy etc... no decisions should yet have been made...

 

 

how have they made these (your ) provisional selection? also ... how many people are at risk of redundancy in total? if more than twenty they have to consult collectively for a minimum 30 days.. if less then individually only but i believe this should be 30 days also..

[elche]

if more than twenty they have to consult collectively for a minimum 30 days.. if less then individually only but i believe this should be 30 days also..

 

That is right if more than 20 then statutory consultation applies.

 

Less than 20 = no set time limit BUT it should still be 'meaningful' and if one looks at the leading case of Williams v Compair Maxam [1982]; meaningful means realistically about 3 or 4 weeks (depending on the particular circumstances of each case) so thus it should in reality be about 30 days anyway

 

Hope this helps

 

Che