Final consultation - redundancy - but off work sick

[Aggie M]

My company is undergoing a restructure and my job is being made redundant. I have had 3 consultation meetings and I have now been invited to attend my final consultation meeting at which I will be made redundant. I am currently off work with work related stress as things have got so bad that I just can't cope. I have been with the company for over 12 years. Do I have to attend this meeting or can I ask for it to be rescheduled? I know that it is only delaying the inevitable but at the moment I just can't face people. Thanks.

[honeybee13]

Hello and welcome to CAG. I'm sorry that you're finding it hard to cope.

 

The forum guys should be along later with advice for you. Please bear with us until they're able to get here.

 

My best, HB

[obiter dictum]

Obvious question

 

Is a trade union rep handling the consultation process or have you elected a spokesman to act as an intermediary between employer and employee?

[Aggie M]

Hi, it is only a small group of people affected - all of whom do different jobs within a department. We are not in a union. New jobs have been created however we did not meet the criteria following interviews, hence we are now at the stage of final consultation meetings to be made redundant as there's no other jobs for us to apply for.

[obiter dictum]

Have they sent you the redundancy proposals/settlement and are you in agreement

 

They can make you redundant while on the sick

[Aggie M]

I have been sent a letter inviting me to the final consultation meeting to conclude the process at which my contract will be terminated. At the start of the process we were given details of the statutory redundancy. The meeting is on Monday and I have just received the letter. I am due back from sick leave the following week and was hoping if I could get it rescheduled I would be in the right frame of mind to attend instead of being an emotional wreck, if I had some time away from things. Although my job is deemed no longer needed, the work is still there and other people are doing my work and when they don't know what they're doing or if they have any problems they have been coming to me.

[obiter dictum]

The important thing is do you agree with the settlement figures they are offering??

[Aggie M]

It's only statutory redundancy, we have been told that no enhanced package is available. So there is no chance of negotiating anything. All the people being made redundant are long serving members of staff. Can I request that the meeting be rescheduled to the following week based on my work related stress? It's just that I know I won't be able to face it on Monday.

[obiter dictum]

You can but they do not have to agree

[Aggie M]

But should I not have been given more notice of this meeting?

[obiter dictum]

48 hours minimum advance notice will be seen as reasonable

[Aggie M]

Okay, thank you for all the advice. I have never been in this position before and have never been off work sick. And as long serving members of staff we are all finding it difficult especially given the fact that someone who was a temporary member of staff was allowed to apply for one of the jobs and got it and also when the others were advertised externally that younger people have got them.

[obiter dictum]

You cannot be made redundant and another individual then employed in the same job roll/designation

 

It is techncally the job roll that is made redundant, not the employee

[Aggie M]

In the new structure all the jobs have new titles and slightly different duties and there's actually 1 more job than the number of people on the redundancy list. In one case the person currently does the listed duties with the exception of 2 things and had asked if they could not be trained but was told no that the company wanted people who could come into the jobs and hit the ground running - even though the person has been in their current role for 10 years and was willing to step down a level and take a pay cut.

[ericsbrother]

Are you in a company pension scheme? Are you owed any holiday? What is your notice period? The company should be aming any payments for the above clear to you and if in a pension scheme what does that say about redundancy as some force the employer to make considerable payments into the scheme when a person becomes redundant

[Aggie M]

Notice period is 1 month, I have some holidays left. We do have a pension scheme but I'm not sure what the situation is with regards redundancy, but I will look into it. Thank you.

[ericsbrother]

always worth a look as sometimes redundancy can be a reason for taking early retirement with little or no actuarial reduction as the employer picks up the strain. If this is the case then taking this option may well mean that they change their mind. They wont be able to sack you on spurious grounds either as redundancy has been flagged.