Employee Consultation Periods / Employment Law

[vex]

Any employment law people out there?

This is the jist of it.

Wife's division is shuting down and merging with another one.

Most people will have to take redundancy and due to the numbers the company is having to go through the standard employee consultation period.

A number of wife's staff have started to look for other jobs and one has had a good position offered to her.

She has had her consultation meeting with the (useless) HR woman but no packages have been put forward and the implication was that the would be expected to work the notice and thats it, goodbye! So she has had to hand her notice in.

Here is the question,
As they are in the consultation period is there any responsibility / onus on the employer to make or include her in any offer. In my mind, the company has forced them to look for other jobs, so they should include anyone who leaves subsequently in the package offer. However I guess the legal stance is totally on the company's side.

Maybe I am too soft and should never become an employer!

[simpo two]

If they had to keep all the staff on, there would be little point in merging!

As long as they stick to employment law, that's it I'm afraid.

[steveb*]

Consultation period is one of those things that looks good in theory, but really just drags out the pain. Generally speaking the decisions are made, and the employer has to jump through the hoops. Because it is a period of "consultation" then in theory no decisions have been made, and therefore packages should generally not be offered.

[vex]

Thanks for this so far, as we thought!

The thing is the last time this happened to her (not that it is a habit!) the company was very good, had packages all sorted and ready to present. They even arranged for recruitment agents to come in.

Thanks from Vexy too.

[Alistair H.]

Can I hijack the thread?

A "friend" of mine has just been made redundant. - "he" was told there were others being made redundant at the same time as part of the companies streamlining.

However my "friend" did not get any consultation period, just a straight redundancy. - Is the consultation period mandatory, or only if a large percentage of workers are affected?

I am hoping an extra months pay can be negotiated.

[icamm]

Alistair H. said:

Can I hijack the thread? A "friend" of mine has just been made redundant. - "he" was told there were others being made redundant at the same time as part of the companies streamlining. However my "friend" did not get any consultation period, just a straight redundancy. - Is the consultation period mandatory, or only if a large percentage of workers are affected? I am hoping an extra months pay can be negotiated.

With any redundancy there is supposed to be a minimum 1 month "consultation" period where the company is supposed to try and re-deploy you. When, as is normal, they can't they then make your "position" redundant and you don't have a job. Your package should then be calculated from the day you actually leave after this consultation.

If the company is making more than 20 people redundant there is then an optional "group consultation" period which is negotiated if the "group" decided to go for this option.

It is possible to remove this consultation period if the employee agrees and is compensated accordingly.

[Alistair H.]

icamm said:

Alistair H. said: Can I hijack the thread? A "friend" of mine has just been made redundant. - "he" was told there were others being made redundant at the same time as part of the companies streamlining. However my "friend" did not get any consultation period, just a straight redundancy. - Is the consultation period mandatory, or only if a large percentage of workers are affected? I am hoping an extra months pay can be negotiated. With any redundancy there is supposed to be a minimum 1 month "consultation" period where the company is supposed to try and re-deploy you. When, as is normal, they can't they then make your "position" redundant and you don't have a job. Your package should then be calculated from the day you actually leave after this consultation. If the company is making more than 20 people redundant there is then an optional "group consultation" period which is negotiated if the "group" decided to go for this option. It is possible to remove this consultation period if the employee agrees and is compensated accordingly.

Ian,

thanks for that. scenario is this. worked for company for 15 months. so short of two year rule. they have offered just short of two months pay nett. realistically for them only 6 weeks gross pay. Do you think without the consultation period my "friend" should attempt to get another months pay?

[icamm]

Hi Alastair,

I'm not a lawyer (I was made redundant earlier in the year) so I'm not really sure with you being under the 2 year rule. However, if they are offereing it as redundancy, rather than just laying off, then it's worth a try. It might be worth getting legal advice though. Mind you statutary redundancy is only one week per year of service so it sounds like you are getting a reasonable deal to be getting two months pay, rather than one week.

>> Edited by icamm on Tuesday 23 November 23:04