How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44923
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

aN EMPLOYER HAS STARTED A 30 DAY CONSULTATION PERIOD AND IS

Customer Question

aN EMPLOYER HAS STARTED A 30 DAY CONSULTATION PERIOD AND IS NOW AT DAY 10 INCLUDING WEEKENDS AND HAS CHOSEN TO PUT MORE PEOPLE AT RISK , HOW LONG WILL THE ADDITIONAL EMPLOYEES CONSULTATION PERIOD BE? EVEN WITH THESE ADDITIONAL HEADS THE BUSINESS WIL BE UNDER 100 PEOPLE BEING DISMISSED
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is Ben and it is my pleasure to assist you with your question today. is this a restructure and what is being offered.
Customer: replied 2 years ago.

yes a restructure where it commenced on the 25th april and was planned for 30 days until 23rd may however during this period more people have been placed at risk , when does their 30 days commence


 

Expert:  Ben Jones replied 2 years ago.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. This would be covered by the law on collective consultations in redundancy.

Section 188(1) of TULRCA states that an employer is obliged to collectively consult if it "is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less".

What may happen in reality is that the employer makes redundancy proposals in successive batches. An employer may initially propose ten redundancies and then, needing to make further job reductions, propose a further ten. The original proposal would not of itself trigger the obligation to collectively consult. However, if the second batch of ten redundancies have been proposed to take effect in any 90-day period which includes the first ten, the duty to collectively consult over all the proposed redundancies would most likely be triggered. But this is not the issue here really as the employer has already agreed a 30-day consultation period which has begun.

The issue is the length of the consultation and when it must start or end. The law states that it must start at least 30 days before the first of the proposed redundancies takes place. So it depends on whether these additional redundancies are treated as a separate ‘batch’ and would be carried out at a later date than the first ones and if that is the case, then the consultation for them must have started at least 30 days before the first proposed dismissal take place.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks
Expert:  Ben Jones replied 2 years ago.
Hello Lara, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    661
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions