Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Please can you tell me more about the situation so that I can advise. Thank you
Hi Jane. How long have you worked there for please?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all.
Hi Jane, I wouldn't call it a sham consultation as such, whether a decision has been made to shut the shop or not, you still have the right to be consulted and air your views. Whilst in many circumstances a consultation may not change the outcome, it must still be adopted by the employer because it is part of the fairness requirement in a redundancy exercise.
In terms of the union issue, you have to consider whether that actually amounts to some sort of detrimental treatment because of your membership. As far as I can see this is a comment made by the line manager, but is it the reason you are selected for redundancy? Had you been selected for redundancy or your shop been selected for closure because of your union activities then that is a different matter but if you were going to be shut down anyway and these were just comments that had no relevance to the outcome, then it would not amount to discrimination because of union activities.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
The employer should go in with an open mind but that does not mean that they have to change their position - often there is not much that can be done and redundancies will be required one way or another. It is also not just a process to discuss how to avoid the redundancies in terms of structure and business needs, rather to discuss if there are any suitable alternative positions as well to try and keep you working for them.
As to the union issue, workers have the right not to be subjected to any detriment by any act, or deliberate failure to act, by their employers which has the sole or main purpose of preventing or deterring them from taking part in trade union activities, or penalising them for doing so (section 146(1), Trade Union and Labour Relations (Consolidation) Act 1992). So this would be the only potential avenue you can pursue in this relation, but obviously it would need to be taken to court to be challenged.
Well there is nothing specific in law that says they should go in with an open mind, and this is a ‘should’ rather than a ‘must’. But as mentioned often however open minded they may be, there is simply nothing that can be done to avoid redundancies. So a consultation is not just to try and find ways of not having to go through the redundancy exercise, rather to discuss the reasons for it and also look for suitable alternative employment – so there are other reasons for it. There is of course nothing stopping you from raising the overtime issue with them but that alone will not necessarily change the position in terms of a decision to make redundancies.
Oh of course if you want to give them a hard time in the process then by all means do. use the consultation process to raise any issues and also raise a grievance if needed. Once the decision has been communicated in relation to the grievance - appeal it. Also you should appeal the redundancy decision once formally confirmed. This would give them plenty to deal with
looks like you will enjoy it too :)
yes certainly if it is in your terms and what it tries to cover has happened you may raise it with them. All these years of this happening will be important and will support a potential argument over this
Referring to substance to back up a claim
Thanks good luck