Monkeh

I hope someone can give me some advise or input on this

The company that i work for is in the process of restructuring, and i have been informed that my job is at risk of redundancy. They have issued a 30 day consultancy period as there are 40 other employees at risk as well.

I have just been given a letter stating that. "it may be necessary to make the systems analysist position redundant in the technical services department, As you are aware you are the only employee who holds this position within the technical department"

The only problem, is that my position is "Technical Specialist" just like every other member of the team (i have this in writing) I have never been a "Support Analysist" I started as "Junior technical" and was promoted to "Technical Specialist"

Do you think i have any grounds for wrongful dismissal ? as their only reason for picking myself is now invalid

paul-s

You dont work for Barclays do you ? I heard there was a meeting about that at my place this morning.

Monkeh

nope i work for an american auditing company.

Drunken Bungle Whore

Need more info really - why are they saying they need to make people redundant? As they're making several people redundant it sounds like they're moving the function elsewhere (India?) Some info about the consultation process below which may help. If you're concerned about the way they're handling things then you should consult your union rep or the CAB/ solicitor.

You'd need things like your original contract, plus any subsequent official communications regarding changes to your role (promotions, changes to working patterns etc,) so start getting all your paperwork together (if you haven't already!)

If they're going down the road of redundancies then they must have some org charts you could take a look at to get an overview of the structure of the department.

You really need specialist employment law advice so I'd get off to the CAB as soon as you can for some proper guideance.

Consultation



If dismissals are proposed, consultations with recognised trade unions or elected representatives must start at least 90 days before for 100 or more employees and 30 days before for 20 - 99.

Although the law prescribes consultation only for multiple redundancies (more than 20), case law makes clear that consultation is also necessary for individual redundancy certainly with individual employees, and possibly with employee representatives.

Case law continually evolves, and keeping abreast of relevant decisions is vital.

The law requires meaningful consultation - it is not enough only to inform. In collective redundancy, employee representatives must have written notice of the:

• numbers and job categories
• reasons
• selection criteria
• procedures and time-scale
• compensation if different from the statutory formula.

In addition, consultation must include discussion on ways to:

• avoid or reduce redundancies
• mitigate their consequences.

For individuals, case law indicates that discussion should include:

• why and how individuals have been selected
• possible ways of avoiding redundancy
• possible alternative work.

Selection



Where there is a choice between employees, case law requires selection to be based on objective criteria. Subjective selection decisions, without objective evidence, have been found unfair by employment tribunals. Fair selection evidence may include:

• length of service
• attendance records
• disciplinary records
• skills, competencies and qualifications
• work experience
• performance records.

Tribunals look favourably on selection procedures based on a points system. However, the fairness may be suspect if only one person has made the selection.


Unfair dismissals



In law, it is automatically unfair to select employees for redundancy because of:

• trade union membership (or non-membership)
• sex, marital status, disability, race or ethnic origin, or pregnancy.

It may also be judged unfair if the selection criteria are too imprecise or subjective.


Appeals



Employees dismissed by reason of redundancy can appeal if they believe they have been unfairly selected for redundancy. The appeals procedure must be explained in good time before employment ends. Appeals should, whenever practicable, be heard by a senior manager who is not directly involved.


Alternatives



The law encourages employers to provide alternative work through an offer procedure, and bars entitlement to statutory redundancy payments if an employee refuses unreasonably. Case law has established what constitutes an offer of suitable alternative work, and when it is reasonable for an employee to reject an offer. It should:

• provide similar earnings
• have similar status
• be within the employee's capability
• not involve unreasonable additional inconvenience.

Employees who accept alternative work have a right to a four week trial. Their entitlement to statutory compensation remains open if either the employee or the employer decides it is unsuccessful. The period can be extended for any necessary training.


Time off



The law requires employees be given paid time off to look for work during the final notice period.


Compensation



Dismissed employees with two or more years' service are entitled to redundancy payments based on continuous service, the employee's age and weekly earnings up to a weekly limit. There is a maximum statutory payment of £8100 (from February 2004) but recent CIPD surveys find that most employers pay more than the law prescribes.

Monkeh

thanks for that, the reason for all the redundancies, is due to mis-management and a "optermistic" CEO who informed share holders that we would have a revenue 60% higher than was possible. he has done this for several years, and has now been kicked out, but the damage has been done, so the decent employees are paying for it with their jobs. 400 worldwide redundancies !

Now we have a new CEO & most of the Mis-managing managers have lost their jobs, but they all got a hefty payout for their cockups most payouts were six figures

I wil call the CAB tomorrow morning.