Urgent help needed so where else to turn but Singletrack!?

Received the “consultation” letter at the weekend (knew it was coming but timing was always uncertain) and have been called to a meeting at 12 to have a consultation meeting. I know there’s nowhere to turn here – this is purely a box ticking exercise.

Background – small company – 4 employees – company likely to be wound up in next couple of months although will be refloated by some of the directors.

Questions are

1 Consultancy period – am I entitled to a statutory 30 day consultancy period? Or can they issue the termination letter immediately after this meeting citing the meeting as consultancy?
2 My contract says 3 months notice – so it is presumably consultancy period plus 3 months?

Main concern is the consultancy period – that is worth another month’s salary to me which will be needed!

Thanks

Sorry – Double post for some reason.

Yes, you’ll get 3 months + any redundancy pay (probably around £430 for each full year served as long as you’ve been there for more than 2 years)

The consultancy period has to last long enough to show correct process, there is no minimum / maximum time set. If you bring something up that needs to be thought about (as in a possible alternative, paycut / reduced hours / job share type thing, this has to be given consideration, and therefor time.

Good luck with it, I’ve just been through and looking for another job now. 3 months notice is very nice!

I’m sure many know more about it that me, but if i recall I think you have a general consultation meeting first to basically say what is going to happen and why, before a pool of employees is chosen which a small firm is basically everyone, followed by individual meetings at a later date. The employer should try and avoid compulsory redundancies starting with exploring new work opportunities, then asking if anyone wishes to reduce pay/hours, voluntary redundancy etc etc. I’d guess the consultation period is flexible but the employer has to illustrate due process including illustrating why certain individuals were chosen for redundancy and not others

don’t think they need to ‘consult’ if there’s fewer than 20 employees at your ‘site’?

tbh I think they coudl give you a cheque for 3 months salary and wave goodbye today if they wanted to 🙁

they can ask you to leave at lunchtime… then you ll have to start the fighting,
focus on maxing out your entitlement and MOVING ON.
ensure you understand what holiday entitlement you have earned and not used whether you work a week or month in advance ( if a month you ll finish one day and still be paid a full months pay a month later..)
stat redundancy pay only kicks in if you are over 18 and have been employed for more than two years and those two years are ignored when calculating the figure. anything else is a bonus..
at the meeting be co operative dont say yes or no to anything dont sign anything and take details away for consideration. go back with all the questions in the world..
its going to happen get the best deal and MOVE ON..

As others have said. Get the best deal and move on.

Although if the small company is being refloated by the same people doing the same jobs? Could be an argument that your job is not “redundant”. Not sure what the legals are on this. Plus that’s if you want to stay?

Although if the small company is being refloated by the same people doing the same jobs? Could be an argument that your job is not “redundant”. Not sure what the legals are on this. Plus that’s if you want to stay?

If it’s a small company and they want you out, get out. Get the best deal you can and move on.

I’d just hope internet usage isn’t one of the ranking criteria they’re using!

Probably not the correct time to bring it up but it is possible to take payment in-lieu of notice for your three months notice period pay to be rolled into your ex-Gracia (sp?) payment which would make it tax free.
It turned my fairly dismal settlement into a tolerable one.

The benefit for you is you get three months pay tax free as a lump sum, and the company avoids their national insurance contributions.

Perhaps more important if the company is wanting to shut down and re-open they may be able to do that more quickly if they can get rid of you earlier.

Don’t get your hopes up on Doh1Nut’s ‘tax free’ situation applying to you – it depends on the terms of your employment contract. Beware if the company is going under that the insolvency service will not pay out your full contractual obligation – they have a ‘weekly’ cap on notice pay.

agree with poly, payment in full upfront would be a good bet with a company that may go under