Redundancy, consultation periods and worlwide company
Discussion
Hoping someone in the know might have an answer for this one. I work at a company that has office's world wide and is currently going through a reduction of employees equivalent to 8% of the work force so that equates to about 300 people.
So far approximately 100 have been let go in the states and south east asia since last Thursday.
Were pretty sure its just a matter of time before this hits the EU \ UK offices.
Now last time this happened it was a similar number of people let go globally, in the UK it was 15 from the London office and 6 from the Glasgow office.
It was argued by HR that the rules around consultation periods did not apply as they were letting go less than 20 from a particular location, however the guidance on this government site does not stipulate that its based on a single location:
https://www.gov.uk/redundant-your-rights/consultat...
Does anyone know if this was BS from them? I could see that being true if its for different countries but not if its all in the same country regardless of office location.
Just getting prepared if in the worst case I'm one of those that gets the chop.
So far approximately 100 have been let go in the states and south east asia since last Thursday.
Were pretty sure its just a matter of time before this hits the EU \ UK offices.
Now last time this happened it was a similar number of people let go globally, in the UK it was 15 from the London office and 6 from the Glasgow office.
It was argued by HR that the rules around consultation periods did not apply as they were letting go less than 20 from a particular location, however the guidance on this government site does not stipulate that its based on a single location:
https://www.gov.uk/redundant-your-rights/consultat...
Does anyone know if this was BS from them? I could see that being true if its for different countries but not if its all in the same country regardless of office location.
Just getting prepared if in the worst case I'm one of those that gets the chop.
I'm under no illusion that if I get selected to go that I can change that, the reason I ask is it all comes down to negotiating the best compromise agreement.
To give some context last time round 2 people in my team were selected for "voluntary redundancy" but there was nothing voluntary about it, both were given a letter stating they were going, here was the offer and you could accept or reject take the risk and get rewarded statutory redundancy.
No consultation happened, both were good performers and from what any one could tell no real logic as to why they were picked.
Both got some legal advice are were advised that due process was not being followed, they subsequently both got a generous amount to keep quiet and go away after both instructed a simple lawyers letter to nudge things along. One was and still is a very good friend of mine so I have that information from the horses mouth.
My main reason for asking is that if I'm in the same situation I want to make sure I am armed with the proper information to prove that they are not doing what they should.
To give some context last time round 2 people in my team were selected for "voluntary redundancy" but there was nothing voluntary about it, both were given a letter stating they were going, here was the offer and you could accept or reject take the risk and get rewarded statutory redundancy.
No consultation happened, both were good performers and from what any one could tell no real logic as to why they were picked.
Both got some legal advice are were advised that due process was not being followed, they subsequently both got a generous amount to keep quiet and go away after both instructed a simple lawyers letter to nudge things along. One was and still is a very good friend of mine so I have that information from the horses mouth.
My main reason for asking is that if I'm in the same situation I want to make sure I am armed with the proper information to prove that they are not doing what they should.
DuncB7 said:
In my experience, the company should open a period for applications of voluntary severance. If, after this period has closed, there was not enough uptake, they start the placing employees at 'risk' or at 'high risk'.
It does sound almost like rules were not followed at your place of work hence the deal to silence those they made redundant through incorrect process.
Make sure the consultation period is the correct length for the number of employees involved. Can buy you a couple extra weeks salary if it's a larger number of employees.
Unfortunately what they should do does not reflect what they will do \ have done in the past. They take the same attitude as they do in the states, you get a letter, your stuff in a box and escorted off the premises by security when you walk in the door that morning. No discussions, No prior consultation, no discussing options just a boot out the door. Hence why when fought over it last time my friend got a fairly health payout considering his relatively short time with the company.It does sound almost like rules were not followed at your place of work hence the deal to silence those they made redundant through incorrect process.
Make sure the consultation period is the correct length for the number of employees involved. Can buy you a couple extra weeks salary if it's a larger number of employees.
Hence why I started the thread, I'm pretty certain they are not following the law in this regard but the sticking point last time when this happened and I queried it was that they did not have to have a consultation as there was less than 20 let go in a particular location, I smell BS with this but would like to know if that really is the case.
At the moment still no word on what redundancies if any are happening so holding fire on paying out for legal advice. I will take that route if it happens though.
In the UK my team only operate out of the one office, no other office carries this function to the business so relocating would never be an option.
In the UK my team only operate out of the one office, no other office carries this function to the business so relocating would never be an option.
Monkeylegend said:
According to a quick google there is no statutory fixed consultation period required when you are making fewer than 20 people redundant at a single site, but this would also depend on your companies contractual obligations to you as an employee.
What is the source your seeing that says it only applies to a single site? This is the key issue I am trying to identify, we have two offices in the UK with several hundred employees across those two office's. The redundancies would almost certainly be >20 over the 2 offices. Possibly <20 if a single office.Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff