Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today. What is the new consultation for? PS: I am mobile today so do not always have a signal and may not be able to respond straight away but you will receive a full answer this afternoon, thanks
At the co I work for we went into consultation 24 June ended Oct with no redundancies so this isn't now classed as a consultation- why is this?
15 people were moved to another team for unclear reasons & now they have entered another consultation despite the original team continuing to recruit
Does this follow due process or is there a possibility of collusion?
ok but what is the new consultation for?
The same as the original consultation structure change and poss redundancies
Do you know how many people are potentially going to be made redundant?
It seems a little odd having 2 for the same reason
No - advice is people will be mapped to newly created roles where possible
Eat 10-25 potential redundancies
So presumably there will be more people affected with this latest round of potential redundancies because it nowencompasses two teams?
No it doesn't impact the original team but the new holding team merged from other teams in the last consultation
There's circa 80 people in the holding team created in the last consultation
it is possible to have separate periods of consultation for each round of proposed redundancies. So for example, the initial proposal was to either make people redundant or move them to another team, the employer held a consultation over this and in the end the employees were moved to another team. That would have then brought to an end the current proposals at the time. The situation may then have changed and the employer required to further reorganise its business and place more employees at risk, triggering a new period of consultation, which is what they appear to be doing now. The original consultation only affected the people which were eventually moved to the new team, this new consultation will affect all people in this new team - no consultation was previously undertaken with this new team for the proposed changes to it
What's the terminology for a consultation which is not viewed historically as a consultation?
The initial proposal is the same as the current one
I am not sure what you are looking for specifically, there is no such terminology, it is simply a consultation which was performed for a specific event, this has been completed so a new consultation has begun for a new event
ok but it involves more people that the first time
But he are stating that technically the original consultation was not a consultation as there were no redundancies required
The new consultation involves less people than the orig as its the holding team at risk
well the law only requires a consultation if there are going to be 20 or more proposed redundancies so if there were never that many people at risk a collective consultation would not have been required. There would have still been a requirement for some consultation but that would have covered the initial move, which occurred. Now there are other people involved and a new consultation will be required to cover these people as well, even if the proposed outcome is the same as the original one
Thanks but the new consultation only involves a subset of the people in the original
but it is still a new group technically
Ah ha thanks
the circumstances are still different than the first consultation - the end result may be the same but the group is now different, it is not the original group
so as the circumstances have changed then the employer can begin a new consultaiton process
Even though it's for the same reasons as the original
yes but as mentioned this is now a different group of people, even if they are facing the same end result, this is still a different situation than the original one
So even though the group is a subset of the original s it's still technically a new group
yes it is
Does the same apply to the consultation reasons as they're identical to the original
Hi sorry I lost my signal earlier. What is the significance of this to you - how does the lack or presence of the initial consultation period affect you?