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Hi, to answer your questions:
Hope this clarifies your position? If you could please let me know that would be great, thank you
This is what ACAS told me - but they also informed me that if of the 22 staff the 7 remaining are offered new posts and therefore contracts (as the original 22 posts no longer exist) then this total figure of 22 at risk of redundancy triggers legislation for large scale redundancy - specifically the 30 day consultation peirod.
This is a section from ACAS information: Handling Large Scale Collective Redundancies.Important NoteCollective ConsultationIf an employer decides to terminate the contracts and offer reengagementon different terms for 20 or more employees they are legallyrequired to consult collectively with any recognised trade union orworkforce representatives. The penalty at Employment Tribunal for notcomplying with this legal requirement is a Protective Award. Call the AcasHelpline for further advice on 0300(###) ###-####(open Monday to Friday8am-8pm and Saturday 9am-1pm).I was referred to Legislation.gov.uk/ukpga/1992/52/section/188But I am unable to comprehend this information.thanks
Hi, the key is whether the employer proposes to dismiss more than 20 employees within that 90-day period. If part of these 22 employees at risk are offered new contracts in alternative posts then there would be no dismissal so they would not count towards the threshold required to trigger collective consultancy. It is the total number of proposed dismissals due to redundancy that would count
Hope this clarifies things for you a bit more?
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? Thanks
Hi BenI am still conflicted as the information that I am seeking clarity upon is based on the information published by ACAS here:http://www.acas.org.uk/media/pdf/h/3/Handling-large-scale-collective-redundancies-advisory-booklet.pdf Page 16:
Redeployment will counttowards the total number ofproposed dismissals. Forexample, if an employer proposesto make 17 employees redundantand redeploy a further five, thetotal number is ***** the 20employee threshold, so they mustconsult (unless the employees arebeing redeployed under acontractual term).Your advise seems to contradict this information from ACAS.
Hi, redeployment can count as a dismissal but as ACAS have pointed out it does depend on whether it is allowed under the contract or not. So for example, if an employee does not have a redeployment clause in their contract and following a redundancy exercise they are redeployed that means their existing contract would have terminated and they would have been offered a new one and that would amount to a dismissal and count towards the total number of dismissals required for collective consultation. However, if such a clause exists in their contract it would amount to a change to their current contract and would not be a dismissal. So it all depends on what is in each person's contract