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Role at risk - consultation period advice

(9 Posts)
AdviceForDeva Wed 04-Jan-17 20:57:45

I know this should be in redundancy but there's a bit more traffic here.

I was told today that my role is at risk of redundancy...the background, it might be long.

I've been with the company for 2 years 2 months my role has changed a few times during this period due to changes in the business - i've been happy with all the changes.

For the last 12 months i've been working on 2 projects working away for up to 3 days and the other 2 days a week from home; all travel expenses have been paid by the company. For the last 3 months i've been working exclusively on one project which requires me to be on site for 3 full days and working from home for 2 days, again all expenses paid. Today I have been told that my role, as it stands, is at risk as there will only be 1 project to look after which would require me to be on site 5 days a week; it's a 2 hour commute each way and I would have to cover all my travel expenses travel expenses which isn't feasible both in terms of time and expense. All other terms and conditions remain the same and the role is mine if I want it; this is all about business needs and nothing to do with my capability to perform the role. I've always been clear that I would not consider relocating when accepting the previous changes to my job.

Tomorrow i'll receive a letter to detail today's discussions and to advise me that i'm in a 30 day consultation period after which if no solution is found i'll receive a months notice of termination of my employment. However, i've been asked to let them know by Monday if I intend to accept the role as they want to start the recruitment process for my replacement, if I don't accept it. I'm confident that i'll find another role but obviously the longer I have to do that the better. If I tell them on Monday that i'm not taking the role does the consultation period end or will it last for 30 days regardless?

Having been through this before I should be better informed, but the process last time was a little different as it was a company buy out and I was put on gardening leave almost instantly. I'm not in a union but i've been on the ACAS and Government websites but can't find details that relate to my circumstances, also searched threads on here but again can't find anyone in this specific situation. I'd appreciate any advice on how to ensure the consultation period lasts for 30 days; my line manager is keen to keep me for as long as possible and would be delighted if I decided to relocate but that's not going to happen.

maggiethemagpie Wed 04-Jan-17 21:31:57

Are you part of a larger restructure ie more than 20 other proposed redundancies as if so they cannot give notice before the 30 days.

Any less than 20 and there is no legal minimum but consultation has to be done over a 'reasonable' timeframe which where I work is around a fortnight (long enough to demonstrate you've had the opportunity to counter propose etc) although if they've said they will do it over 30 days I'd expect them to stick to that unless you're both happy to move forward earlier. If you're not, insist that you'd like to stick to the 30 days before notice is given unless they can compensate you financially for any days lost.

HTH

VivaDevaVegas Wed 04-Jan-17 21:43:00

Thanks for the reply. It's just me, unique situation as all other staff are permanently based on site and as the other project is on hold they want to bring staffing in line with other sites.

Hopefully they will stick to what has been discussed, I've got a good relationship with line manager and the company directors and I know this is a commercial decision.

Onwards and upwards, time to tidy up my CV smile

maggiethemagpie Wed 04-Jan-17 22:06:55

Seeing as they want something from you (your decision on the other role) I'd say you are in a good position to say you're still weighing up your options, but before you make your final decision, can they confirm that if you say no that they won't give notice before 30 days/ or will compensate for any days lost.

AdviceForDeva Thu 05-Jan-17 19:36:01

Thanks maggie, that's the plan. Hopefully I'll get the full 30 days plus 4 weeks notice and find another job in the meantime 😀

Newtssuitcase Thu 05-Jan-17 19:41:50

That isn't technically correct I'm afraid maggie.

They can serve notice before the 30 days. The termination cannot take effect before the 30 days has expired.

There is only a 30 day consultation period if the numbers of employees being dismissed with a 90 day period is between 20 and 99. If there are 100 or more redundancies within the rolling 90 day period then the consultation period is 45 days.

If there are less than 20 then the whole process could be completed from start to finish in a week and a half.

AdviceForDeva Thu 05-Jan-17 22:52:50

I'm still waiting for the letter from HR detailing our meeting. It should be with me tomorrow.

Legally it sounds like they don't have to wait 30 days but I'll get clarification from my line manager tomorrow.

Thanks

AdviceForDeva Fri 06-Jan-17 23:51:08

They've confirmed the 30 days so I guess I've got 8 weeks to find a new job!

AdviceForDeva Thu 12-Jan-17 23:06:48

Well I've applied for one job so far and got an interview in 10 days time, fingers crossed.

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