Redundancy Rights and Information, Job Role Changes within the next few weeks or so

[BogCat18]

Ula thank you..I could give you a big hug! Once again, it has been mentioned to me today! Ive got it wrong and that as per contract says I will only be given/entitled to 2 weeks notice for redundancy????? [The redundandcy pay weeks are different, these are where you get 1 weeks pay for each year you worked for the company up to capped of 20 yrs i think] I have said once again and will argue this to the very last; I am sure that I am right, It is 1 week per year [for me 6 weeks for others over 12 years employment it is 12, I will note this in my Individual meeting if it comes up, not sure exactly if the individual consultations are the ones where they hit you with redundancy info etc or if that comes later. Im working on my question list for meeting

[BogCat18]

Ula ivid.Consult. meeting Plan.
1] Wait and see what they say, offer,info pack they give you do, may be discuss new work schedule etc.... [after all may accept if suitible new work plan] therefore redundancy avoided...
2] Could ask why although previously toutched upon and pinned on Union board, Why your being made redundant by the employer...
3] Ask about ways to avoid redundancy other suitible positions etc [may be Point 1, if already talked about]
4]Ask on what criteria was your redundancy based upon [not sure if they have to legaly tell you or not]
5]If talked about other roles, then be given 4 week trial period [but this is only for if you are selected for redundancy I think]

I think that at this stage its just the basic and start? Not sure if we get a 2nd meeting etc...
WylnTholia Ula so any other helpful points, will try to make sure I take some one in with me, am I entitled to ask for copy of the minutes if they take them at the meeting?

[ULA]

Here to help as much as I can.

If you want to check your redundancy calculation here is a useful government website that takes you through a step-by-step process https://www.gov.uk/calculate-your-redundancy-pay.

Have you just had the one meeting so far to warn of the restructuring and potential redundancies? In which case, although there are no set number of meetings required you will probably have at least two the one about to happen on 12th and then a further one after you have been given time to consider and respond to the information presented at the meeting, particularly if they are discussing the new work schedules.

Going through your meeting plan points:

1. It will be a case of seeing how they start the meeting but I would have though it may confirm the need for the restructuring and the possibility of redundancies, details of the new work schedule and asking you your views on that and how you can fit into that new schedule.
2. May be covered as part of the introduction of the meeting but if not and you want them to go over the reasons then ask them the question
3. Again the revised restructuring of roles may be part of the ways to avoid redundancies but may be worth asking about any other opportunities in the company.
4. If there are to be redundancies then they should have thought about the criteria they will use to select staff, or they may have some broad idea of what they may be if it is not yet finalised.
5. Yes you are correct, if they discuss suitable alternative positions then you should be given a 4 week trial period.

Yes you can ask for any notes the company representatives make.

[BogCat18]

Ula Thank you, just to tye up some ends here;
a] do they have to tell me/notify me of criteria used at meeting if asked?
b]do employer [will be 2 managers Im told] they have to or can they refuse to give me minutes/meeting notes
I will structure my notes etc ready for nxt week, so unless anything comes to light before then i will keep you informed
Its a little frustrating that the meetings will be on the day i dont actually work[not part of my working week]so have to come in especially?

[ULA]

a) they may not have firmed up the selection criteria but you can ask in broad terms what they will be basing it on.
b) They should not refuse but maybe make them aware at the start of the meeting that you would like a copy of any notes they make of what is said at the meeting so that you can ensure you have as complete a set of information as possible about your situation to refer back to after the meeting.

I wish you the best of luck but if you think of anything between now and the meeting just come back and post it up.

[BogCat18]

Ula Ok, it has been a very emotional day for everyone concerned. Concise and to the point, the following;
Inormed about 20 minutes before 9am, today; that everyone involved, to attend 9am meeting with SM [unexpected]
*informed;There will be a pool, for selection use, availability the main thing, as jobs would be allocated to those who fit in within these times. Over [emphasis on the word "Over"] the next few days or so/early next week, that individual "Availability Form" meetings will be held, with 2 nominated managers who have had training in this area? [Limited time on Line Training] and then selection processes will start.
So everyone thought ok, in next few days etc.......
From 10.30am this morning, each person got told to attend a meeting to complete avaialability?? No chance at all o discuss with partners, family etc how this will impact.
*Appendix5;Availability form-please highlight where you are available to work - was given, discussion commenced on what, why where to fill in, [Will private msg you on this] Form filled in and completed, explanations as to why you can or cant work the days covered. End of meeting.
as i said, it was a very emtional time for people involved.

-Key points;provide shift availability, this will be used as part of selection criteria during consultation process, you must be able to commit to working shifts within the availability window, this availability will also be used to consider you working alternative roles within the store/another store/site

[BogCat18]

Ula Ok, a lot to take in today. Brief but informal talk/explanation of the pool process etc.
The selection criteria will be made up of a kind of simplified matrix scoring, alongside ,availability, what job and schedules it will consist of.
For example; if there are 20 staff, each person will be scored? based on a lot of things, [selection and scoring is done outside of company]
I asume highest to lowest scoring. It will start from 1 to 30, highest scores down. They will then look at how the new shifts, fit into the availability forms they completed.
eg; If the people on the list want to work 30 hrs or 24hrs or 15 hrs, and these hrs fit within the selection criteria, then these poeple will be selected and put to one side in a Safe Pool, however, if the hrs you want, dont fit in with the new work schedulor your availability form then these people will be put into a Not Safe Pool, and it seems that these Not safe people will then have consultation, receive letters and processes thrashed out.
Over the next few days or so and into next week , more meetings etc will take place.
will keep you informed.

Once again the mention of just "Two weeks" notice, reared its head. I am more than certain that it is Statuatory 1 week per year, more than 2 years, less than 12, More than 12 years is 12 weeks.
Q- Can someone lead me to or let me not what legal act or point that says this, as it may well come in use.
many thanks

[BogCat18]

Ula WylnTholia Yehhhhh? I have not been sat on my laurels, have gathered notes and info, I am sure I am right, along with your help:

Statement-Notice period is 2 weeks as per your contract? Ref.Redundancy

Response to be; NO! it is not. It is actually 6 weeks. And It can be backed up with; Under the ERA 1996, S87-ss1, provisions of S88to91, & S86(1)
This is a Statutory Right & Act. Which means = Law.

Statement-Your contract actually states 2 weeks!

Response to be; I dont care what you say is on my contract, I refer you to ERA 1996, and further more Statute says, you can not give less than that of what the statute says Im entitled to. 1 week per year [employed for more than 2 yrs but less than 12.

So, as you have stated, It will be Pay In Lie of notice, this is what you will have to pay, on top of redundancy and any other enhanced payments from the company.

Ok, now im on sticky stuff here; If you do go ahead with redundancy and do noy follow/pay the proper notice period, then I may have a claim for Unfair dismissal as in my opinion you havnt followed correct procedure.

really not sure if I got latter part right, but think the start is well covered..let me know if im right
many thanks, Im going to have a cup of tea and lay down??

[ULA]

Sorry BogCat18 I was away all day yesterday.

It is good to hear that you are getting more information on the process. To reassure you in terms of creating a selection pool of affected staff and selection criteria that is the next stage of the process.

In regard to minimum notice you need to look at ERA 1996 S86 ss1 (think you may have done a typo in post #23). Again correct that they cannot pay less notice than statutory.

If they do not pay you the statutory notice and you had exhausted a process of dealing directly with you employer about them paying it then you would need to apply to ACAS for early reconciliation but it needs to be within 3 months less a day of you leaving. If you cannot reach agreement via early reconciliation then you can go forward with your Employment Tribunal claim. It is not an unfair dismissal claim as it would not be about the dismissal on the ET1 form which you would need to complete there is a box to tick to confirm your claim is about owed notice pay.

[BogCat18]

Ula Many thanks, a quick one, referring to availability sheet hrs selected, as there was no time at all to actually discuss these with family, they were done there and then [rather under stress and upset at time]
Q- if and big "IF" the shift/new work schedule they want you to do, ends at 8pm, then next starts at say 5am, or 6am, then next 8pm and next 5am, as they will say that is what you selected and we fitted you in that availability window [we still dont know yet new schedual l] I think someone mentioned that it isnt possible, because of hrs between work. Tried looking up for this and all I found is you cant do between shifts if less tha 11 hrs or is it 8hrs? any help on this and what i do now?

[ULA]

Working Time Regulations 1998 R10 ss1 - an adult worker is entitled to a rest period of not less than eleven consecutive hours in each 24-hour period during which he works for his employer.

[BogCat18]

Thank you, so it isnt my fault that the 2 managers [newly [trained] in the area of redundancy/avaialability didnt say, you cant put the late and earlt times, as how would i know that in fact it potentially would mean I cant work shifts you designate? that could fall fall of the timing rule. I put the hrs that I thought would keep me in job

[speed]

For notice period check our***** people policies tell your manager to check the policy as it clearly states in there that notice period is 4 week pay then +1 week to a max of 12 weeks.