If my role is put at risk and a consultation period is entered into does this run concurrently with any notice period? i.e. are they one and the same?
I don't think so, as you haven't been made redundant yet.
No, notice period is after full consultation and if selected, decision has been made.
Hope it all works out ok.
No. Your notice period will start once they issue notice of redundancy. Consultation period is supposed to be when they discuss all possible options available. Just been through it myself for the second time.
Think its 45 days now for consultation, the first time i went through it was set at 90 days, but that has been reduced.
Beat me to it!
Keep a note of all decisions made and make bloody sure that any decision made before the final decision is made e.g. what procedures will be followed are recorded in written form. Make sure also that those HR types who should be involved, ARE involved from the absolute beginning.
OK thanks all
As I think it will be less than 20 roles being made redundant I think the consultation period can be as short as they want it to be
So once the consultation period is done (assume no union involvement?) then you should get a formal notice of redundancy (if you are made redundant) - with the period as described [url= http://www.acas.org.uk/index.aspx?articleid=4254 ]here[/url]
There is a lethal minimum for consultation period but I can't remember what it is.
Note also they have to 'score' all staff in consultation against the same criteria and provide evidence accordingly. Length of service, particular expertise, sickness record etc.
The caveat is apply is they can weight the criteria to select the people they want to leave but can't simply pick so and so because they don't like them. They have to prove that so and so scored less that whatsisface.
Depends on whether you want out as to whether you want to challenge the decision if it goes against you.
>100 roles going is 90 days consultation, less roles means shorter process.
They have to listen to any suggestions you might have to reduce the number of roles - but don't have to put them in place
The process is really important for them to follow as this is what they may fall down on (if you are looking to fight!) - the results of who goes / stays is almost secondary to the process - they will be looking to keep those they want and lose the others!
At the end of the consultation you should have a meeting if selected for redundancy and the notice period would be after the end of the consultancy.
Its a rubbish situation to be in - see if you can get another offer so that you are in a position of strength!
Best of luck!
As I think it will be less than 20 roles being made redundant I think the consultation period can be as short as they want it to be
Not quite, the lowest notice period in the code of practice applies as any process has to be as good as or better than the approved code or it can become an unfair dismissal.
[url= https://www.gov.uk/redundant-your-rights/consultation ]gov.uk link[/url]
Current time limits on that link.
I assume sandwich is referring to some case law made in the tribunals or ACAS or similar which it's a good idea to stick to.