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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My organisation notified 22 members of staff they they are

Customer Question

My organisation notified 22 members of staff they they are at risk of redundancy. They were also notified that there would be 7 new posts available to apply for. Staff were offered one week as a consultation period and the same time scale to notify management if staff were interested in the new posts. Those who nominated them selves for a new post would be selected by a desk excercise looking at person specs, absence leave, appraisal, HR record. Staff not selected for a new post would be given notice on 5th December but not spectacular to work the period notice. This would be done injust 19 days from the notice of risk of redundancy.
Question 1: did the organisation needed to have carried out a 30 day consultation with staff representatives prior to selecting the staff for redundancy? I can not work out from the legislation if this requirement is for the number of 20 or more staff who at risk or who are actually made redundant.
Question 2: the organisation had been through two previous redundancies, one in 2011 the other in September 2014. In both of these cases the staff were required to submit an application form and attend interview for new posts. Is there a requirement to offer the same process to the current redundancy?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are you affected by this and if so how long have you worked there for?
JACUSTOMER-hckkaskr- : Hi Ben,
JACUSTOMER-hckkaskr- : yes I am affected by this. I hve worked there for 5 years and 10 moinths.
JACUSTOMER-hckkaskr- : I have now been notified that I did not get selected for a Tutor Training Officer Job, which is the job that I have been doing. The two posts avaialable have been offered to a new comer who has been in Tutor Training role for two months and to a person who was doing a quality assurance job. I have not been provided with the reason for why I did not get selected.
Ben Jones :

Hi, to answer your questions:



  1. The duty to conduct collective consultation arises if there is a proposal to make redundant 20 employees or more at one establishment within a period of 90 days. So it is not how many people are at risk but how many people will actually be made redundant eventually within that 90 day period. For example if 22 people are placed at risk, but there will be 7 posts remaining, which means only 15 people will be made redundant then there would be no need to collectively consult with the affected employees.

  2. There is no requirement to offer the same selection process to the current redundancies. An employer is free to decide what method to choose in order to select the employees to be made redundant. The process needs to be fair and reasonable but it need not follow previously used methods.


Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-hckkaskr- : Hi Ben,
JACUSTOMER-hckkaskr- :

Hi Ben,

JACUSTOMER-hckkaskr- :

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.

JACUSTOMER-hckkaskr- :

This is a section from ACAS information: Handling Large Scale Collective Redundancies.

Important Note
Collective Consultation
If an employer decides to terminate the contracts and offer reengagement
on different terms for 20 or more employees they are legally
required to consult collectively with any recognised trade union or
workforce representatives. The penalty at Employment Tribunal for not
complying with this legal requirement is a Protective Award. Call the Acas
Helpline for further advice on 0300(###) ###-####(open Monday to Friday
8am-8pm and Saturday 9am-1pm).

I was referred to Legislation.gov.uk/ukpga/1992/52/section/188

But I am unable to comprehend this information.

thanks

Ben Jones :

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

Ben Jones :

Hope this clarifies things for you a bit more?

Ben Jones :

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

JACUSTOMER-hckkaskr- :

Hi Ben,

JACUSTOMER-hckkaskr- :

Hi Ben
I 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 count
towards the total number of
proposed dismissals. For
example, if an employer proposes
to make 17 employees redundant
and redeploy a further five, the
total number is ***** the 20
employee threshold, so they must
consult (unless the employees are
being redeployed under a
contractual term).

Your advise seems to contradict this information from ACAS.

JACUSTOMER-hckkaskr- :

Thanks

Ben Jones :

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

Ben Jones :

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

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