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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 3531
Experience:  Dual qualified Solicitor and Attorney
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My employers are "downsizing the business" and reducing the

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Hi, My employers are "downsizing the business" and reducing the total of 7 No regional offices into 4 No Divisions, but without shutting any offices. So, my regional office and another regional office are being combined into 1No Division. On wednesday all the regional directors from my office were dismissed and yesterday the companies plans were announced and approx 30% of the staff in my office, including myself, were put on notice of redundancy. My job title is Construction Manager and I was told my role had become redundant. I asked if the Construction manager from the other region was being put on notice and I was told no. My opinion is that we should be put into a selection pool. Am I correct? I have a stage 1 consultation meeting next week. I thought a consultaion period was 30 days and when I asked about this I was told no again and that they wanted to complete the process by the end of the month. Please can you advise on these matters? Thank you
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: The meeting I had yesterday was with the new Divisional MD and a company HR advisor.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee, no union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you

Hi thank you for your message, I will try to address each of your concerns below:

1. Notice period - firstly, if they anticipate they want this "completed" by the end of the month that likely would not comply with any minimum notice periods for redundancy which is one week’s notice for each year if employed for more than 2 years with a 12 week maximum notice if employed for 12 years or more. You should also check your contract, your employer may give you more notice but cannot give you less.

2. The consultation period - You’re entitled to a consultation with your employer if you’re being made redundant. This involves speaking to them about why you are being made redundant and any alternatives. If your employer is making up to 19 redundancies, there are no rules about how they should carry out the consultation. If they’re making 20 or more redundancies at the same time, the collective redundancy rules apply.

If your employer is making 20 or more employees redundant at the same time, the consultation should take place between your employer and a representative (rep). This will either be:

a trade union rep (if you’re represented by a trade union)
an elected employee rep (if you’re not represented by a trade union, or if your employer does not recognise your trade union)
Collective consultations must cover:

ways to avoid redundancies
the reasons for redundancies
how to keep the number of dismissals to a minimum
how to limit the effects for employees involved, for example by offering retraining

There are also numerous legal requirements that have to be complied with. In terms of notice periods, for 20 employees but less than 99 the notice period must be a minimum of at least 30 days before any dismissals take effect.

3. Alternative employment -

Your employer might offer you ‘suitable alternative employment’ within your organisation or an associated company.

Whether a job is suitable depends on:

how similar the work is to your current job
the terms of the job being offered
your skills, abilities and circumstances in relation to the job
the pay (including benefits), status, hours and location
Your redundancy could be an unfair dismissal if your employer has suitable alternative employment and they do not offer it to you.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 3 months ago.
are they required to put both Construction managers in a pool or can they choose which one they want and make the other redundant?
Customer: replied 3 months ago.
Hello are you working on an answer to my follow up question?

Hi thank you for your message, this is a difficult question in essence if their is suitable alternative employment they are required to offer this to you however, they might argue this is not suitable alternative employment because they are closing down your regional location or removing the post in your location but not in the other location. On the other hand you might argue they should provide the choice and have a fair competition for the jobs available within that specialism. Ultimately, I cannot give a definitive answer I am afraid but overall their approach does not seem compliant with the requirements set out above. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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