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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 51160
Experience:  Qualified Solicitor
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I have my first redundancy consultation tommorrow morning,

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I have my first redundancy consultation tommorrow morning, we (as 11 people) havent see or agreed to the selection criteria, is this a flaw in the companies process.

Thank you for your question. The initial consultation would normally be preceded by selection criteria so no, this is not a flaw. The selection criteria would be after the initial consultation. A usual process would be along the lines of the following:

Group consultation.

Purpose: announcement of need to make redundancies due to downturn

Their jobs identified as possibly at risk

Skills matrix will be used to decide who is dismissed using criteria & scoring

Criteria on skills matrix shared with employees at 1st informal mtg

Letter to each employee inviting to individual consultation meeting

Individual consultation meeting.

Purpose: consult over fairness of matrix criteria and scoring

No info on redundancy pay unless pressed

Discuss concerns

Letter summarising meeting + invite to next meeting

Individual consultation meeting.

Purpose confirm redundancy may/may not proceed based on scoring from matrix

Share person matrix score

Answer questions

Discuss suggestions to avoid redundancy eg suitable alternative employment

Explain next mtg will be to dismiss unless ways to avoid redundancy have been found in


Discuss redundancy pay, notice pay, holidays

Discuss time off for interviews/outplacement support

Letter summarising meeting + invite to mtg which may be to dismiss under redundancy terms

Individual consultation meeting.

Advise employee they are to keep job

Show matrix scoring

Return to duties (then letter summarising meeting)


Individual consultation/dismissal meeting.

Purpose: dismissal under redundancy

Letter confirming dismissal under redundancy terms including confirmation of redundancy pay,

notice pay or if working notice out, outstanding holiday pay, return of company equipment

including right to appeal.

Announcement to all remaining staff that no further redundancies are proposed in the foreseeable

future. I hope that helps. Please leave a positive rating so that I am credited for my time.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What is the range of length of services of the people affected?

Customer: replied 5 months ago.
Hi Ben,In my case , the longest serving member 16yrs down to 6 months. Ben, re the person matrix score/ skills matrix, I guess by this statment that it isnt a legal requirment 'Purpose confirm redundancy may/may not proceed based on scoring from matrix'.
if they have done one of these does the matrix have to be agreed by those at risk, or an elected representitive?

Thank you. Those with less than 2 years’ service have no protection against unfair dismissal so the procedure with them cannot be challenged in all honesty, unless it was discriminatory. Those with more than 2 years’ service will have unfair dismissal protection and in a redundancy situation, this would cover the procedure followed by the employer.

In relation to the selection matrix, the employees’ agreement is not required when the employer selects the criteria that go in it. You do not have a right to have a say on what is and is not included in it. You do, however, have a right to be told in advance what you would be scored on and also consulted over the scores you have achieved after the scoring exercise has completed. At any point you can also raise concerns about potentially unfair criteria you have been subjected to. Therefore, you will get a chance to see what the criteria are and what your scores are during the consultations exercise and be able to challenge them before your redundancy is potentially confirmed.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 5 months ago.
The letter i got was very specific in that it says my role in the company is unique and no one else has the same responsibilities' . All my collegues were referred to as unique. I see this as a weezal word - doews this mean we cant suggest bumped redundancy as there are no comparrisons? In addition, I got this letter yesterday and i am due in tomorow - the chances of getting a union rep is nil due to the speed - is less than a day considered 'reasonable'.?

I presume you have over 2 years service?

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 51160
Experience: Qualified Solicitor
Ben Jones and other Law Specialists are ready to help you
Customer: replied 5 months ago.

Ok that’s good. Whether a job is unique is really a matter of fact. There is no easy way to establish this and often it may come down to a more forensic examination bya tribunal. The general rules state that when deciding on the choice of pool, the employer should start by considering two questions, which will help them identify which employees should be included:

· Which particular kind of work is disappearing?

· Which employees perform the particular kind of work which is disappearing?

There could be only small differences, which would raise an argument that the jobs are not unique, whereas larger and clear differences could raise the argument that they are indeed unique.

Legally, you actually do not have the right to be accompanied at a consultation meeting and this will only arise if it is a right given to you under contract or a collective agreement with a union. If you do have such a right then a day is probably unlikely to be considered reasonable and you can seek to postpone it if necessary to allow you time to get representation