Collective redundancy process - incorrectly done?

[chicagoeddie]

Hi all,

Recently my employer announced there would be up to 99 redundancies being made (with the actual number being at the upper end), which kicked off the collective consultation period of 30 days (nearly completed).

After reading the ACAS guidelines, a number of us are concerned that the consultation process wasn't followed correctly, with the following information not being made available to the employee representatives:

a) The numbers and descriptions of employees it is proposed to dismiss as redundant.
b)*The total number of employees of any such description employed at the company.
c) The selection criteria to determine which employees will be selected for redundancy.

I also know that 'Form HR1' was not provided.

At the formal announcement, we were only presented with organisational charts of the final structure of the company, leaving it to us to infer where the redundancies would come from, and how many would be made.

Of the counter-proposals made, it seems that 75% were simply dismissed without being fully explored.

Points a) and c) were subsequently released to us, twenty days into the consultation period.

We have been offered a settlement package of two weeks per year of employment.

Given the above points:
1. How serious are these infringements?
2. For those who might push for unfair dismissal, would they be likely to win? Would any compensation make it worthwhile?

[ULA]

Hi sorry to hear about you and your colleagues’ situation, redundancy is a very anxious time for everyone involved.

During consultation yes there is information that must be disclosed in writing to either the trade union representative or the employee representatives. However, this is during the consultation process which starts on the day redundancies are announced and continues until the first dismissal takes place. It is therefore over this period that the information has to be provided.

Given that you have said the information has been provided in the consultation period then I cannot see that there has been an infringement, although has the information at point b) been provided?

Regarding the HR1 form this must be submitted at least 30 days before the first dismissal. If the company did not do this and if they could not have reasonably practicable complied with the minimum notification periods, they would have had to provide reasons for not meeting the timescale. It will then be down to the authorities to decide whether to take further action against the company.

Pursuing an unfair dismissal claim could be made in the following situations
1. If an individual's selection for redundancy was unfair, or the employer did not act fairly in the circumstances.
2. On the basis that the dismissal was not procedurally fair even though the reason (i.e. redundancy) is a fair one.

Hope that helps but just come back to this thread if you have any further questions as you go through this process.