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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49801
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am in a consultation of 45 days for redundancy within

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I am in a consultation period of 45 days for redundancy within my workplace. I (along with 2 others) were put at risk in the middle of an open forum meeting about office merges. My 45 days ends tomorrow. I have had no information other than my At Risk Letter in the beginning which didn't tell me anything but promised various visits to discuss further and info on redundancy etc. He has never come up, hasn't sent any of the information and has not replied to 2 emails which I have sent him asking questions regarding the situation. He was due to come up on Wednesday this week but sent an email rescheduling for next Wednesday. This takes me over the consultation period. I feel that I am being treated unfairly. Do I have any kind of case?

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.Can you please tell me how long have you have you been with your employer


I started August 1998 so it will be 16 years this August

Ben Jones :

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.

Ben Jones :

Many thanks for your patience. The consultation periods specific by law are ‘minimum’ periods and it does not mean that once the specified time is over, that is the official end of the consultation period. It is entirely possible that this minimum 45 day term has ended but that the consultation still takes place after that period. To be honest, until you have been issued with formal notice of redundancy, the employer can continue keeping you on hold s to speak and consider consulting with you at any time leading up to that. So at this stage, it is unlikely that any legal claim exists that would be worth pursuing. However, if you find that the next thing that happens is that you are issued with formal notice confirming your redundancy, you may certainly argue that the employer has completely failed to hold a fair consultation period with you and that the redundancy is procedurally unfair, which could make the whole dismissal unfair. So ensure that some fair consultation still takes place before you are issued with formal notice f redundancy as that will define your right in the circumstances.

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

Ben Jones and other Employment Law Specialists are ready to help you
Hello Lisa, 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