Multiple redundancy rounds? Or increase numbers?

[Runwayqueen]

Hello all

I am currently going through the redundancy process (travel and tourism job). The company are currently reducing by a number based on flights expected through the winter period. As the Spain situation has changed recently (process already started) we could now have less flights than expected, in theory needing less staff.

My question is:

Can the company increase the number they expect to make redundant during the current process?

Or

Are the company allowed to make a second round of redundancies at a later date? A colleague believes they aren't allowed to have a second round for 18 months based on what ACAS told them but I can't find that in writing anywhere.

Thanks for any advice offered.

I'm not surprised you can't find that claim in writing. It's bullshit. If a company need to make staff redundant then they can. Each round of redundancies must follow the rules set down, but that's it.

Your first question is slightly more complicated, but assuming they didn't say "we are definitely only making 200 redundancies" or words of that ilk, and provided they have still followed the appropriate timescales etc., set down, they could make more people redundant in a current round, but they couldn't include new groups of staff who weren't put at risk in that round of redundancies. If that makes sense. So if they had 500 staff at risk, and suggested that they needed to make cuts of about xxx, but then realised that they needed more, that is probably ok. The devil is in the detail. And, as always, in what a tribunal thinks if it gets to one. These are unusual times, and providing they don't actually break the law, tribunals would be likely to allow some flexibility to employers. After all, it's a shit position to be in being made redundant, but so is the company going under and everyone losing their jobs because they couldn't make people redundant.

Sorry you are going through this. I wish you well.

"Can the company increase the number they expect to make redundant during the current process?"

Yes. It's not unusual for things to change during a process, particularly when it is a long-winded one. If they genuinely need to make more redundancies then no tribunal will prevent them doing so, as long as the decision making around those redundancies is fair.

"Are the company allowed to make a second round of redundancies at a later date? A colleague believes they aren't allowed to have a second round for 18 months based on what ACAS told them but I can't find that in writing anywhere."

Yes, for the same reasons. A lot can change in 18 months and it is of course entirely possible that a company might need a second round. Ideally they'd have a crystal ball and know exactly how many staff they'll need and that this will remain consistent for a period, but the business environment doesn't work like that, particularly at the moment.

Thank you both for replying, I am very grateful.

I did think bullshit when my colleague told me that, hence I've looked high and low for it.

At my work, we are not able (by law) to initiate a second round of redundancies within 90 days of the leaving date of the first round. That said, we are quite small, it might be longer for bigger organisations (?)

@TurkeyTrot

At my work, we are not able (by law) to initiate a second round of redundancies within 90 days of the leaving date of the first round. That said, we are quite small, it might be longer for bigger organisations (?)

That is not the case. Consultation requirements change if you make higher numbers of people redundant within a 90 period, but that doesn’t mean an organisation isn’t “allowed” to make more redundancies. It just puts additional consultation requirement on the organisation if they do.

If you are not “allowed” to make more redundancies that’s an internal policy, not a law.

Ok that's interesting.

If the 90 days is correct does anyone have a link that shows this?

It’s not.

Thanks Flowery