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Redundancy processes(9 Posts)
The Company I work for has said that of our team of 12, 3 people are to be made redundant. We 4 people are currently working, 5 are furloughed and 3 are off sick. I am the 3rd longest standing staff member at 6 years service. I have had a look but there seems to be no rules to redundancy consultation when less than 20 people are being laid off. How does it work when some people are furloughed? Do they have to give you notice of redundancy or can it be immediate of you are chosen?
My work handbook is in the office and I can't go in to get it. I have asked for a copy to be emailed out but hr is being handled by 1 person who has a shed load on their plate atm
You can be paid in lieu of notice. But you would get notice pay and redundancy pay although this is all capped the limits add on the gov website. However, they should consult with all those involved throughout the process.
Thanks. How do they work out how much notice you have to be given?
It is normally a week for every year up to 12 weeks if they are paying you pay in lieu of notice.
Depending on your contract but the basic is one week per complete year of service
Your employer has to ‘meaningfully consult’ with you. That means they have to look at ways to reduce or mitigate the need for compulsory redundancies. Things like job shares could be considered or redeployment to other roles within the organisation. They can’t just rock up one day and make 3 people redundant (unless they want to face claims) although there’s no guidance on minimum consultation periods for redundancies involving less than 20 people...so it could be done in a matter of weeks realistically.
Furlough shouldn’t, in theory, have anything to do with your selection for redundancy. Especially if your reason for being furloughed is caring responsibilities (so maybe indirect discrimination). But by the same token, I think it’s likely that a lot of people who have been furloughed will be more likely to be made redundant than people who aren’t (whether that’s right is another matter!)
If you all do the same role then you should all be pooled and told what the selection criteria will be and have a chance to make your own representations, appeal against the scores etc.
Length of service is a tricky one, if you apply a ‘last in, first out’ criteria then your employer could face possible age-related discrimination claims in respect of younger workers. That being said, I think most people would find it odd if somebody with 15yrs service in role scored less than a grad with 6 months. There’s too many scenarios to give a proper answer to whether length of service should factor in the decision making process. But the fact that you have 6 years service means you’re afforded additional protection against unfair dismissal and could possibly bring a claim if a consultation process isn’t followed.
There would need to be individual redundancy consultation and a scoring process for how people would be selected as redundant.
With regard to furlough, at the moment it is my 'turn' I have been working all but the last 6 weeks with other people off.
Only 4 member of staff have been in constantly. The GM. The manager. A driver and 1 woman who hadn't been there long enough to qualify for furlough.
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