Safe from redundancy, then not - is this allowed?

[joelikestofu1]

Hi, my company has put 100+ people at risk and at the start of the group consultation period I got an email confirming my role was safe.

During group consultation some of the reps were asking how it's fair similar roles were safe and theirs weren't.

After a week since group consultation started I've received an email apologising and saying I'm now at risk.

Is this allowed? Do I get extra time since I was only just made aware? Would really like to know the rules on this.

I don't know the answer but that sounds quite odd. I'd expect them to need to extend it but I'm not certain. Hopefully someone comes along with more knowledge soon. Are you a union member?

That's not odd at all. The purpose of consultation is to consult with those at risk. They have made a legitimate complaint that the pool being identified was unfair. The employer has agreed. So the pool has been widened.

This does not reset the clock for collective consultation.

But those newly included people weren't notified they were at risk with a consultation length of whatever the legal minimum is?

I would assume the consultation period would have to be extended to include the new pool of at risk tiles. Those already at risk have stated that there are others who should be included, the company has agreed.

Sorry to hear you’re being placed at risk. I believe the rules states that for 100+ people the consultation period should be a minimum of 45 days before the dismissals happen so you should at least get that but if you’re unionised then the rep has been involved in these conversations so it wouldn’t need an extension..

Yes of course it is allowed. A company is allowed to make redundancies at any time, so that you weren’t at risk but now are is the same situation that anybody could find themselves in.

As to how it has come about, sounds like they have had a meaningful consultation process and actually listened to feedback. They were probably in danger of being accused of not holding a fair process otherwise.

The consultation is collective at this stage, not individual. The clock is not reset just because others are now included in the pool. Individuals actually selected for redundancy have individual consultations in addition.

The notification for collective redundancies is based on the total number of potential job losses - not the specific posts. Technically the employer can notify of the possibility of 100+ job losses on a continuing basis for years. It's the potential number that is counted, not the actuals. My employer ( local government) has had the notice running for over ten years now, and has still not made a single compulsory redundancy. Consultation is ongoing to try to keep it that way.