BazzaAlpine Posted July 5, 2011 Share Posted July 5, 2011 Done some research on the Gov website but cant find any info on this so some help would be handy. We've just had 7 people at work let go. Now a couple were on probation but some were coming up to a year in employment. Now how do those not on probation stand? The info on the Gov website only refered to 20-99 or 100+ being made redundent. Should there have been a consultancy period and 1 to 1 meetings? On top of that they have gotten rid of one lass and now found out that they actually need someone in the role she was doing and I beleive may be advertising for someone to fill that role. I was under the impression an employer could not do that? I have a sneaky feeling that the Exec team don't even know exactly what this middle manager bloke is doing so would like to get my facts together before I speak to our CEO / HR team. Quote Link to comment Share on other sites More sharing options...
sideexitsupra Posted July 5, 2011 Share Posted July 5, 2011 Within the first year of employment you have very few rights and all the employer needs to do in this case is pay the notice period! Also as only 7 people effected all the consultation stuff doesn't come into play. As far as one of the roles still being required, you will need to check the new and old job descriptions. If there is less than a 30% difference they should be offering the old employee their job back. On a personal note, I would not want to get embroiled in this if my job was safe at the moment, rather get the ex employee to ask for the new job description and then contact someone like ACAS in Leeds for some independent advice. Hope that helps. I am not in HR but have been subject to and unfortunately the leader of these processes in the past. My HR knowledge may not be up to date but I know there are others on here who will correct me if I am wrong. Quote Link to comment Share on other sites More sharing options...
BazzaAlpine Posted July 5, 2011 Author Share Posted July 5, 2011 Thanks for that. The reason I'm jumping in is that the CEO was in a meeting with my department today and was was saying how we were sticking with the companies values and how proud he was at never having to say redundancy to people (hence why I thought he might not be aware of what is happening). Sounds like it could be just a loop hole that doesn't officially class it as redundancy. Quote Link to comment Share on other sites More sharing options...
sideexitsupra Posted July 5, 2011 Share Posted July 5, 2011 Hi, it is still redundancy however you cut it. They are removing jobs and getting rid of the employees that do them. Unless of course they have any performance based information that would allow them to sack these 7 people. Quote Link to comment Share on other sites More sharing options...
Havard Posted July 5, 2011 Share Posted July 5, 2011 There is no statutory minimum consultation period when making less than 20 employees redundant, however, employers should always consult with individuals before making them redundant. They should speak to individuals about why they have been selected and they should also discuss alternatives to redundacy. If this doesn't happen the dismissal could be unfair. Having been made redundant myself in the last three months and having managed redundancy processes following acquisitions I would not risk failing to consult even when less than 20 indvidiuals are affected. I don't think that there is a legally defined timescale during which roles should be offered back to individuals but I've always worked to within 3 months as a reasonable period. Whether or not it is the exact same role will also have a bearing, but if the role is so similar that it could have been undertaken by that lady, then personally I would of offered it back. Doesn't sound like they really thought about the rationale for the redundacies if they have already realised they have made roles redundant that they actually still need. There is loads of information on http://www.direct.gov and ACAS have a redundancy handling booklet. Hope this help! Mrs H Quote Link to comment Share on other sites More sharing options...
BazzaAlpine Posted July 5, 2011 Author Share Posted July 5, 2011 From what I've been told the first they knew they were losing their jobs was when they got told to clear out their desks. This could be just hearsay though which is why I want to make sure I get the facts straight first. I sometimes wish we had a union where we are but then I remember what a pain in the butt they were with everything else. Thanks for the info both of you Quote Link to comment Share on other sites More sharing options...
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