Can you be made Redundant without consultation period?
Can you be made Redundant without consultation period?
Author
Discussion

dibbers006

Original Poster:

14,638 posts

245 months

Friday 11th December 2009
quotequote all
The initial message was deleted from this topic on 23 January 2025 at 11:01

schmalex

13,616 posts

233 months

Friday 11th December 2009
quotequote all
Ask some of the people who used to work at Nortel.......

Murray993

1,515 posts

260 months

Friday 11th December 2009
quotequote all
you may find your house insurance has legal cover, and you might be able to use this to make sure you get what's due

Fittster

20,120 posts

240 months

Friday 11th December 2009
quotequote all
As someone who works at a firm which has done a redundancy round the consulation period is a complete pain. It simple increases the period of uncertainty, better to wield the knife quickly IMHO.

richardxjr

7,561 posts

237 months

Friday 11th December 2009
quotequote all
Yes there does have to be a consultation period.
It can be as short as from Friday till the following Monday though.

<1 year no rights at all with respect to redundancy. So the consultation period need not apply. Your employment can just be terminated.

<2 years no redundancy cash.

schmalex

13,616 posts

233 months

Friday 11th December 2009
quotequote all
dibbers006 said:
Is that not due to being in Administration though?
From what I understand from speaking with ex colleagues who were affected, the admistrators chose to let them go with no consultation or redundancy pay, as the fine was cheaper than paying the redundancy settlements.

Lastinclass

511 posts

207 months

Friday 11th December 2009
quotequote all
Unused annual holiday entitlement can be taken into account I think. So if you've had no holiday and are a couple of weeks away from one years service it may be different.

fadeaway

1,463 posts

253 months

Friday 11th December 2009
quotequote all
I think the consultation period stuff only comes into effect if they are making 20 or more dedundances.

But your employee must consult with you individually and discuss why you have been selected and if there any alternatives.If they don't their probably looking at unfair dismisal.

Deluded

4,968 posts

218 months

Friday 11th December 2009
quotequote all
I was made redundant earlier this year on the spot from a large national chain.

Edited by Deluded on Friday 11th December 11:35

sleep envy

62,260 posts

276 months

Friday 11th December 2009
quotequote all
Fittster said:
As someone who works at a firm which has done a redundancy round the consulation period is a complete pain. It simple increases the period of uncertainty, better to wield the knife quickly IMHO.
yes

when I was made redundant I wasn't put in a pool as the entire senior staff resource was put on notice and told that the roles no longer existed - there would be no selection process and we were given the date of our last day of employment

I was put on 30 day notice and it essentially became a fait accompli

the thing that fked me off no end was during that period I wasn't contractually allowed to contact agencies or look for alternative work

Neil H

15,418 posts

278 months

Friday 11th December 2009
quotequote all
When it happened to me, I had to leave the same day I was told I was at risk, and put on garden leave for a month during the consultation. I was offered other jobs but was happy (actually, ecstatic) to leave. They also had to pay £500 for a solicitor for me to check the compromise agreement. That was after working for them for about 4 years though, under a year's service would have been a different story.

A911DOM

4,084 posts

262 months

Friday 11th December 2009
quotequote all
If you are in a 'sensitive' role then you would probably get garden leave anyway I guess.

(By sensitive I mean: Customer Interraction / Access to servers/network etc that could mean a disgruntled staff member might reak havoc)

Ive seen people marched off to a meeting, meanwhile their desk is cleared, access withdrawn, then escorted off the premises whilst being relived of security pass etc. Not nice, but probably safest bet for the company.

Hope this isnt something you are expecting as an early christmas present fella!!! frown

sleep envy

62,260 posts

276 months

Friday 11th December 2009
quotequote all
dibbers006 said:
Also what effect does being employed a few weeks under a year have?
from what I understand you have little to no rights

sleep envy

62,260 posts

276 months

Friday 11th December 2009
quotequote all
Are you a graphic designer?

A911DOM

4,084 posts

262 months

Friday 11th December 2009
quotequote all
dibbers006 said:
A911DOM said:
Hope this isnt something you are expecting as an early christmas present fella!!! frown
I am currently living on a wire while my friends topple around me. Having looked through the glass both ways neither is good for heart or soul frown
Get off Pistonheads and keep your head down then chap! wink

Good luck!

Loaded1me

189 posts

221 months

Friday 11th December 2009
quotequote all
Basically less than 20 people at the same time and there is no consultation period required.
If you've worked less than a year or you're in a probation period, then you can be made redundant at anytime the company needs/wants to without discussion.

Anything over a year and there needs to be some process, although that can be as little as 1/2 a morning.

Anything less than 2 years and you won't get any payments, other than outstanding holidays.

Hope it doesn't happen to you, good luck.


richardxjr

7,561 posts

237 months

Friday 11th December 2009
quotequote all
fadeaway said:
I think the consultation period stuff only comes into effect if they are making 20 or more dedundances..
Wrong.

fadeaway said:
But your employee must consult with you individually and discuss why you have been selected and if there any alternatives.If they don't their probably looking at unfair dismisal.
Right.

Unless service <1year in which case nothing needed. Termination of contract.

It's as crap to have to be on the giving end of redundancy than on the receiving end, believe me.


sleep envy

62,260 posts

276 months

Friday 11th December 2009
quotequote all
richardxjr said:
It's as crap to have to be on the giving end of redundancy than on the receiving end, believe me.
you reckon?

Neil H

15,418 posts

278 months

Friday 11th December 2009
quotequote all
laugh I really can't see that telling someone they no longer have a job is just as crap as being the one losing the job.

bogtrotter

160 posts

244 months

Friday 11th December 2009
quotequote all
have a look at the redundancy section on the direct.gov website.. I have just gone through all this nonsense...less than 20 employees then 90 days consultation is the way our firm deals with people...not certain this is a legal requirement..also if there is anything else you are not clear about acas are helpful