Redundancy - Is my employer acting fairly?

[traceyb1981]

I work for a small company who employ an external HR company. I am actually the Office Manager but because of the size of our organisation i am responsible for obtaining advise from the external HR company.

 

I was called into a meeting today by my Manager who asked me how the redundancy procedure should be carried out and I explained what I knew but said that I would confirm this with the external company as my knowledge is very limited or employment law. After I told him what I believed to be the process he asked how quickly the process could be carried out.

 

I was then told that my job was at risk and that he would follow it up with a letter. I asked him when he was planning on having the 1st meeting and he told me that this was it. I told him that I did not think that it was appropriate to start my at risk meeting by asking me the redundancy process and he said but that is your area of responsibility and expected me to continue to obtain advise and right my own letters for my potential redundancy.

 

He then agreed after the finance manager intervening that the finance manager would write the letters and obtain advice if I didn't wish to do so.

 

The above is my first issue however I do have another problem which is that previously when the company has carried out redundancies they have always decided what the end result will be so I know for a fact that even though so far I have been told my job is at risk that I will be made redundant.

 

I also have found out that I am pregnant which I told my boss at the meeting and he said that didn't effect what the company had to do as they still had to make cut backs.

 

Can anybody give me any advise on what procedure he should be following. Should minutes be taken at meetings as none where taken today and whether it was appropriate for him to ask me how he should carry out the meetings and then to tell me I was at risk.

 

Another question I have is when we made redundancies previously one of the ladies had a trade union rep with her although our company isnt registered with a union .... how did she find this person as I thought the company had to be part of a union?

 

Sorry lots of questions and hopefully it is clear ... my head is all over the place at the moment.

Any advise would be much appreciated.

[Bigredbus]

Hi, and welcome to the CAG,

 

(a) It is incongruous to request that you conduct your own redundancy process...

(b) It was not very tactful of your employer to invite you into a business meeting and then, upon obtaining answers to his questions, putting your position at risk, athough such a practice would not amount to any breach.

© as you are aware, the redundancy protocol is complicate and time consuming. You must gather as much information as you possibly can and check that it is properly followed.

(d) How long have you been pregnant for and how long have you known it for?

(e) As your meeting was initially aimed at answering business questions, no minutes of this meeting were necessary.

(f) The lady and the union... she might have been a member of a union in order to request to be accompanied by a representative. Are you a member of a union?

Edited June 1, 2010 by Bigredbus
Typo

[Bigredbus]

--- CONTINUED ---

 

To answer your question about the redundancy protocol...

 

In cases of redundancy, either the place of work or the position 'disappears' (if I may say...)

(a) Is your position being made redundant?... or are they replacing you?

 

(1) Your employer must consult you...

(2) Your employer must consider any alternative, if any exist...

 

 

You should request that a proper meeting takes place as soon as practicable, where you would be allowed to bring a companion, and minutes be taken...

[traceyb1981]

Thank you for your response.

 

You mention in point e that it was a business meeting so no minutes were required so would this still be classed as the 1st consultation / at risk meeting?

[traceyb1981]

Sorry just seen your continued post.

The reason for redundancy is because the company need to make cut backs so they are reducing salaries and presumably my work will be distributed between other employees.

[Bigredbus]

No. The purpose of that meeting, as stated in your initial post, was to gather information about the redundancy protocol...

 

They should invite you to a meeting where the sole topic is to inform you about your position being at risk... and inform you about their intentions... that meeting should be recorded (minuted).

[traceyb1981]

Thank you .... I will go back in tomorrow & request a proper meeting and see what he says although I am positive however many meetings we have the outcome will not be affected.

 

Thanks for your advise.

[Bigredbus]

No problems... there is always CAGGERS ready to help, if you need!

 

Make sure you have print outs of the redundancy protocol with you...

 

I believe that you can find information on the 'directgov' website: Website of the UK government : Directgov

[claire1976]

Just to add - you are entitled to be accompanied by another member of staff or a union rep - its worth noting that you don't have to be a member of a union (or the company) and the rep does not even need to be acting on behalf of the union on that day.

If you know anyone at all that is a union rep then they can accompany you and take notes, confer etc but not answer questions for you.

I recently took my dad to a hearing who is a union rep but I wasn't a member of a union.

I would also suggest you seek advice from ACAS on your situation, they have been very helpful to me.

[honeybee13]

Hello. I don't think your question about the company being in a union has been anwered.

 

For what it's worth, companies don't join them, it's employees. So your colleague must already have been a member when she heard about the redundancies.

 

Hope that helps.

 

HB