Redundancy Proceedure......

Author
Discussion

dan1981

17,735 posts

214 months

Wednesday 1st April 2009
quotequote all
Found out today that we have to lose one of our team, and unfortunatly i was the last in only 6 months ago, while everyone else has been there quite a while. (circa 5 years and up)

If a company wishes to make you redundant do they have to have a consultation process that they go through with a criteria etc HR meetings or whatever?

or can they just say - right you're the one you're redundant?

(I realise that any criteria they may use may be "weighted" to make sure the person they want to get rid of is the weakest but i'd just like to know what process they have to go through if any....)

Cheers

Dan

lardo

62 posts

196 months

Wednesday 1st April 2009
quotequote all
It depends on your contract of terms and conditions. Have you had to go through a probationary period? And if so how long was it - most are three months but depends on role etc. If you have completed the probationary period then they must go through a consultation period with you, which will mean offering you another position within the organistaion if your role is to become redundant. If you don't take another position, or there isn't one you'll be offered a package of some sort, again it depends on the org.

Fastra

4,286 posts

224 months

Wednesday 1st April 2009
quotequote all
Its happened to 3 people at my place over the last 2 months!

They have this strange consultation period (lasting 4 weeks) thing, where on the face of it it actually seems they aren't definitely being made redundant but selected for review - but make no mistake they are going!!! The (ex)employee has already been, unbeknown to themselves, marked and scored on various requirements - and thus selected for the boot!

Its a daft pretence that seems to keep HR departments busy and absolve them and the company from any subsequent legal action!

dan1981

17,735 posts

214 months

Wednesday 1st April 2009
quotequote all
Probationary period completed.

Its a very very large international company.

I didn't think they were obligated to offer a package if you had been with a company less than x amount of time?

But there should be an official period of "consultation?"

Sheets Tabuer

20,299 posts

230 months

Wednesday 1st April 2009
quotequote all
If you have only been there 6 months be thankful you are getting made redundant, in this day and age most companies would just sack you on the spot as you have no rights unless you have been there a year.

Jasandjules

71,068 posts

244 months

Wednesday 1st April 2009
quotequote all
Sub 12 months employment you are not protected by the ERA 1996 IIRC. Therefore, they can pretty much just say goodbye to you and give you your notice.

andy-xr

13,204 posts

219 months

Wednesday 1st April 2009
quotequote all
Ours is a multi national too, and there was a consultation that went on with the execs and passed down to the regional managers in territory to tell their staff who was going.

Not much anyone who went could have done about it really

stockhatcher

4,879 posts

238 months

Wednesday 1st April 2009
quotequote all
Fastra said:
Its happened to 3 people at my place over the last 2 months!

They have this strange consultation period (lasting 4 weeks) thing, where on the face of it it actually seems they aren't definitely being made redundant but selected for review - but make no mistake they are going!!! The (ex)employee has already been, unbeknown to themselves, marked and scored on various requirements - and thus selected for the boot!

Its a daft pretence that seems to keep HR departments busy and absolve them and the company from any subsequent legal action!
it probably goes beyond even that, in that the employees manager tells HR who he'd like to get rid of, and then HR put in a transparent process that is geared towards the poor unfortunate. There is very little coincidental about redundancy.

to the OP, i believe that you are not allowed to select on LIFO or FIFO anymore... but have you pissed your line manager off recently, or do you know someone else who has? having said that you are the cheapest to get rid of as you have no rights as you have been there less than year.

wulluff

650 posts

221 months

Wednesday 1st April 2009
quotequote all
Jasandjules said:
Sub 12 months employment you are not protected by the ERA 1996 IIRC. Therefore, they can pretty much just say goodbye to you and give you your notice.
Just one point though - the 12 month rule includes the notice period which is often 3 months. So essentially they would be unable to fire you after 9 months smokin

Dupont666

22,037 posts

207 months

Wednesday 1st April 2009
quotequote all
they will tell you that your job is redundant..... and offer HR to help you find a new one in the company (dont get your hopes up).... then you get a month or two of notice and maybe a payout (tho with your limited amount of time there Im not sure how that works for you).

Remember to check the following:

If you have any loans, check that you have paid the payment protection plan.... if so get your ass down to the Job center, sign on and get the insurance.

Check any other insurances you have.

If you have a mortgage, talk with your supplier and see if you can take a holiday as that can give you time if need be.

Think thats about it.

bitwrx

1,352 posts

219 months

Wednesday 1st April 2009
quotequote all
dan1981 said:
Probationary period completed.

Its a very very large international company.

I didn't think they were obligated to offer a package if you had been with a company less than x amount of time?

But there should be an official period of "consultation?"
OBLIGED

Sorry to hear you're losing your job.frown

dan1981

17,735 posts

214 months

Wednesday 1st April 2009
quotequote all
Thanks all pretty much what i thought...

sub 12 months, bugger all protection.

No not pissed line manager off as far as i'm aware. But why get rid of anyone else when I'm so cheap to get shut off?

No loans to worry about. Just a big fk off mortgage.

I've been on the other side of the decision before so know how the "lets tell HR who we don't want and they can fiddle it to make it look fair" routine so expect that anyway....

Ah well. Just wondered if a consultancy period was somethign that had to happen, they've also offered reduced hours etc but the hwole team have to accept these and not entirely sure this will be a goer, its wait and see I guess, but i'd best get the CV polished.


rofl Didn't realise i'd typed a made up word it just flowed off the fingers...... no wonder i'm up for the boot. smile

Edited by dan1981 on Wednesday 1st April 21:26



ETA: 2: Turns out it wasn't made up!

Edited by dan1981 on Wednesday 1st April 21:34

Somewhatfoolish

4,859 posts

201 months

Wednesday 1st April 2009
quotequote all
bitwrx said:
dan1981 said:
Probationary period completed.

Its a very very large international company.

I didn't think they were obligated to offer a package if you had been with a company less than x amount of time?

But there should be an official period of "consultation?"
OBLIGED

Sorry to hear you're losing your job.frown
obligate
verb |ˈäbliˌgāt|
1 bind or compel (someone), esp. legally or morally : the medical establishment is obligated to take action in the best interest of the public.
2 [ trans. ] commit (assets) as security : the money must be obligated within thirty days.
adjective |ˈäbligit| |ˈɒblɪgət| [ attrib. ] Biology
restricted to a particular function or mode of life : an obligate intracellular parasite. Often contrasted with facultative .
DERIVATIVES
obligator |-ˌgātər| |ˈɑbləˈgeɪdər| noun
ORIGIN late Middle English (as an adjective in the sense [bound by law] ): from Latin obligatus, past participle of obligare (see oblige ). The current adjectival use dates from the late 19th cent.

bitwrx

1,352 posts

219 months

Wednesday 1st April 2009
quotequote all
dan1981 said:
rofl Didn't realise i'd typed a made up word it just flowed off the fingers...... no wonder i'm up for the boot.smile

Edited by dan1981 on Wednesday 1st April 21:26



ETA: 2: Turns out it wasn't made up!

Edited by dan1981 on Wednesday 1st April 21:34
boxedin

Possibly why I'm already unemployed.

I didn't realise it was a real word. Oblige definitely sounds more British though. Whenever I read obligate, I can't help but do so with an American accent.

dan1981

17,735 posts

214 months

Thursday 2nd April 2009
quotequote all
Haha.

Don't worry sure its not you're fault you're unemployed - they were obligated to do it!!!

Firefoot

1,600 posts

232 months

Thursday 2nd April 2009
quotequote all
A formal consultation process only really applies if 20+ people are being made redundant within a set timeframe. If just a couple are going then there is a considerably shorter process available.

Last in first out is not really advisable to automatically rely on now due to age discrimination. For this reason there is usually a scoring matrix in place and each person is scored against set criteria.

Dont assume that just because you were last in that you will be first to go. You may have only been there a short time, but there may be a PITA employee that HR have had their eye on for a while who will miraculously be selected.

Edited by Firefoot on Thursday 2nd April 12:57