Redundancy - Is consultation required

[buzzbee]

I work for a large company, who have been making large-scale redundancies, partly due to Covid and partly due to a merger meaning duplicated roles

Initially, a few months ago, the company made several hundred redundancies. Naturally, as the numbers were in the hundreds, these involved a 45 day consultation period.

However, after that initial round of redundancies, the company has continued making more redundancies every few weeks.

I have just been informed today that the team I work in is now being considered for redundancy and we have a meeting tomorrow. As there are less than 20 of us in the team, there would usually be no obligation for the company to enter into a consultation period, but I was wondering if these few redundancies would be considered as stand-alone, or if there was some period of time, in which they are considered to be part of the same round of redundancies?

If they are stand-alone, it makes me wonder if a company making 100 redundancies would be able to just give notice without consultation, to 19 people, then another 19 a few days later and another 19 a few days later etc.

Thank you

[ULA]

The requirement for consultation is if the company is proposing to dismiss between 20 and 99 employees at one establishment within a 90-day period and then it should start not less than 30 days before the dismissals are effective. If it is more than 100 employees, then as rightly happened a few months ago, according to your post, that timescale increases to 45 days consultation.

So, the important considerations are the 90 day period and whether the redundancies are at one establishment.

[buzzbee]

Thank you
The redundancies have been across multiple establishments. I don't think there are likely to be 20 or more from just mine, so with that in mind, I will expect no consultation period and any they give voluntarily, I will treat as a bonus.

If the above wasn't the case, the 90 days would be pretty tight and possibly muddied by the fact that some received notice and others were paid in lieu. I would almost certainly be paid in lieu of notice. It would be handy if they paid in lieu of consultation too, but that's just me being greedy

[buzzbee]

Here's a thought though...
My manager said today that he feels everyone at our office will be gone by this time next year. That would be more than 19 people. Hypothetically, if I was made redundant now, with no consultation period and then a further 25 were made redundant from my office next month, they would be entitled to 30 days consultation. With me having already left, with no consultation and paid in lieu of notice, would I have a legitimate claim to be retrospectively paid in lieu of consultation, as one of more than 19 made redundant within 90 days?

I wasn't one of more than 19 at the time of my redundancy, but I would become one of more than 19 at a later date

[ULA]

Unfortunately no you cannot be paid in lieu of consultation.

In regard to your last post, if the company is part way through a redundancy exercise affecting the 19 staff and then if the business suddenly decides to add say another 10 redundancies, then the company would have to commence collective consultation in relation to all 29 proposed dismissals. This would have to happen even though it may possibly delay the redundancy process which has already begun.

[buzzbee]

I have been informed that I am being considered for redundancy. I have a salaried job, I have been in for 13 years.

I notice that the redundancy that is paid is based on your weekly pay (i.e. 1 week for per year up to age 41, 1.5 weeks thereafter) and that the weekly pay is the average you were paid over the past 12 weeks

The past 12 weeks have been rather different to the norm for me.
I came back off of furlough 10 weeks ago, so for the first 2 of those weeks, I was only receiving 80% of my pay.
I then fell ill with Covid-19 and was off work for 6 weeks. Because of company policy, the last 10 days were without pay
Because of the serious nature of the illness, I returned to work temporarily on reduced hours
Then, I was informed of the possible redundancy

Would my redundancy be based on my contracted pay over those twelve weeks, or on the reduced pay, due to illness and furlough?

Thank you

[ULA]

Hi buzzbee is this related to your other thread on redundancy consultation and part of the same process. If so I will merge the two threads as it is easier for us providing support to have all related issues on one thread

[buzzbee]

It is.

I thought I would start a new one, just because it was about a different part of the process. Happy for you to merge if you wish

Thank you

[ULA]

Does your company pay a contractually enhanced redundancy payment or do they only offer statutory redundancy? If the latter then a week's pay is capped at £538.

In either scenarion if a week's pay is being calculated then it should be based on your normal salaried pay.