Consultation period ended 23 days prematurely.. Legality?

[Karlhenk]

I work for a company whereas i have been served notice due to redundancy. However i feel that the Legality of it is not true.

10th June - day 1 consultation period (900+ employees so need minimum 45 days)
3rd July - consultation ends
8th July - we get told consultation ended on the 3rd
9th July - served notice (7 weeks due to service)

Now we have been told that consultation ended early due to forum reps agreeing to end it (no forum rep consultation to ask staff if this is okay)

Also been said that consultation has been exhausted and that's why it ended.
A total of 28 propositions were put forward and 9 were agreed but we have not been told any of the propositions.

Is this at all legal?

Have contacted acas - awaiting reply.

Regards

[Karlhenk]

Re: Consultation period ended 23 days prematurely.. Legality?

Anyone?!

[Amethyst]

Re: Consultation period ended 23 days prematurely.. Legality?

Hi,

Did you manage to speak with ACAS?

The consultation must be 45 days at LEAST before any redundancies take affect. I think being notified of the end of the consultation period after only 23 days means it is too short, regardless of whether they have completed consultation with the reps. The employees notice period shouldn't start until the end of the consultation period. Do you know what notice period others have been given?

Are the forum reps the employee representatives? Have the reps provided employees with any of the information?

[Karlhenk]

Re: Consultation period ended 23 days prematurely.. Legality?

Hi,Did you manage to speak with ACAS? The consultation must be 45 days at LEAST before any redundancies take affect. I think being notified of the end of the consultation period after only 23 days means it is too short, regardless of whether they have completed consultation with the reps. The employees notice period shouldn't start until the end of the consultation period. Do you know what notice period others have been given? Are the forum reps the employee representatives? Have the reps provided employees with any of the information?

Acas have give hr a week to respond. I have information that a forum representative was sacked over leaking information gained from their representative meetings with directors. so no, no information has been passed down. Most staff are on a 4 weeks notice ending 8th August. HR have stated that the reps agreed to cut short the period but no staff was actually consulted on this matter.

[Amethyst]

Re: Consultation period ended 23 days prematurely.. Legality?

I have information that a forum representative was sacked over leaking information gained from their representative meetings with directors.

Ummm isn't that what the meetings are for?

Approx how many staff have been dismissed ( 340?) ?

[Karlhenk]

Re: Consultation period ended 23 days prematurely.. Legality?

Ummm isn't that what the meetings are for?

Approx how many staff have been dismissed ( 340?) ?

That's my interpretation of the meeting! Roughly 900 employees i think.

[Amethyst]

Re: Consultation period ended 23 days prematurely.. Legality?

Jeee's. Are they leaving ANY branches open?

It'll be interesting to see what ACAS have to say on the matter. I believe that not following the redundancy consultancy process properly creates a breach of contract for the employee and as such they could claim damages, although they have given the proper notice period (ie 4 weeks for most, 7 weeks for you due to length of service) Are you stopping work on the same date as everyone else and being paid the rest of your notice?

It's not really my area but no one else seems to be about at the moment so sorry I'm not much help.

[Karlhenk]

Re: Consultation period ended 23 days prematurely.. Legality?

Well, its a known company on these sites - Cheque Centres!

but yeah, i leave (AFAIK) on the same date as the rest of the folk, but unaware if its gonna be in lieu yet, or paid notice due to a store close by staying open, and possibly needing cover

[Amethyst]

Re: Consultation period ended 23 days prematurely.. Legality?

I know, I read your other post xx

Let us know what ACAS come back with, hopefully someone will pop in who is more clued up on employment law and ins and outs of redundancy consultation than I.

[orfoster]

Re: Consultation period ended 23 days prematurely.. Legality?

Hi,
I'm sure you'll be aware of this and have triggered ACAS Early Conciliation process but you have 3 months less one day to bring the matter to an ET from the date of the act complained of.

Have you/did you raise a grievance about failing to consult?

[Karlhenk]

Re: Consultation period ended 23 days prematurely.. Legality?

I have triggered Early Concilliation, and are now in receipt of a "certificate" stating that i have exhausted the ACAS methods, and now are allowed to submit to an ET. However, i have also raised a grievance with our HR dept, and have received their opinion on why my appeal has been dismissed. I stated that Consultation started the 10 June, and ended 3rd July and was given notice on the 9th July (7weeks notice) they have replied that the Employee Forum agreed to cut short the consultation to 30days (without notifying us) but even so, 10th June - 3rd July isn't 30days? but HR are saying they waited until the 9th July as then 30days had expired and notices could be given (can they do this?)

Also, i have been sent anonymously to my workplace, a minutes note of the employee forum meeting, and in there it details the ins and outs of the meeting. In these minutes it clearly states that my employee forum rep was NOT even present to the meeting!?! so how can my opinion be heard, if my legal rep isn't even there!!

It also goes on to state that another rep has requested to see a copy of all employees contracts of employment (legality?) but does not confurm anywhere if this request was granted.

Further to this, it is now knowledge that a forum rep was dismissed for sharing the notes from said meeting, as they were "confidential"?

how can they be confidential if they involve the outcomes of all proposals?

now as i am no legal expert, i don't know if my contract is allowed to be viewed by anyone other than HR/Line Manager without my prior consent?

to me, it just seems like our legal team can "talk for England" and talk their way out things

ACAS didn't seem to think i have a case, but she did admit she isn't used to 1 on 1 appeals, but her expertise is collective appeals.

so i don't know where to stand with that.. as i don't wanna go to an ET and lose, then having to pay costs myself, but on the other hand, i do feel hard done by and cheated out of 22days money, which is a lot for someone in my situation.