Redundancy Laws

[westy04]

Hi All

A friend of mine has just informed me that her job is at risk.
Apparently the director had a large number of them in a meeting to inform them this and that from today the consultation period starts.
Now I know if its over 20 people there has to be a 3 month consultation period, but what if it's less than 20. I told her I was sure it was 30 days, but after googling it I'm not so sure.

Any help would be greatly appreciated.

[spants]

under 99 people it is 30 days .... according to my company

from here: http://www.berr.gov.uk/whatwedo/employment/employm...


Is there any minimum period for consultation?

The employer must begin the process of consultation in good time and complete the process before any redundancy notices are issued.[5]

In addition, consultation must begin at least:

* thirty days before the first of the dismissals takes effect (that is, when the employment contract is terminated)[6] in a case where between 20 and 99 redundancy dismissals are proposed at one establishment within a period of ninety days or less;
* ninety days before the first of the dismissals takes effect (that is, when the employment contract is terminated)[7] in a case where 100 or more redundancy dismissals are proposed at one establishment within a period of ninety days or less.

Edited by spants on Tuesday 3rd February 14:13

[Scott328i]

>99 is 30 days

[fish]

Under 20 there is NO prescribed time. I have done redundancies in a week under 20 people. Over 20 is 30days and Over 100 is 90 days.

[V8mate]

So...... when companies get the staff together and announce redundancies and then, that same day, call people in and ask them to clear their desks and leave, they are breaking the law?

Or can you avoid the consultation period by paying people off in a certain way with respect to their contract?

[Little Dave]

It is as Fish states. Under 20 people then there is no time limit although "reasonable" time must be given for them to prepare for any consultation meeting.

I unfortunately had to close one of our satellite office last month and did it in a week. First At Risk meeting Monday am, First 1-2-1 Consultation meeeting Monday Pm, Second 1-2-1 meeting Wednesday. Final meeting and immediate termination on the Friday. (Terminating in leiu of notice).

[andye30m3]

Well mine was 2 days between being told I was being considered for redundancy and being made redundant

[V8mate]

Ok. Well I know of a company which removed 300 same day and none of the staff saw it coming (not as a result of insolvency/administration either)

[Little Dave]

V8mate said:

So...... when companies get the staff together and announce redundancies and then, that same day, call people in and ask them to clear their desks and leave, they are breaking the law?

Or can you avoid the consultation period by paying people off in a certain way with respect to their contract?

They have not followed the statutory guidelines for redundancy and could therefore be open to an unfair dismissal claim. If however the firm has gone bust I am guessing that is another matter.