Redundancies are a tough and testing time for employees, and the immediate shock of the situation can mean that employee’s fail to make the most of the redundancy consultation process. This checklist will help you prepare for the redundancy consultation meeting effectively. It may be the difference between keeping your job or losing it.
What is a redundancy consultation meeting?
It is a legal requirement for your employer to consult with you before a decision is made on whether you are being made redundant. Most employers will fulfil this legal obligation by inviting you to a redundancy consultation meeting. The meeting minutes will be recorded and you can be accompanied at this meeting by a trade union representative or a colleague.
There are two different types of consultation meeting:
Individual consultation – In this meeting your employer will meet with you and explain why you were selected for redundancy or why you were put at risk for redundancy. You will have an opportunity to explore any alternatives to redundancy (more on this below).
Collective consultation – This only applies when 20+ people have been made redundant within a 90 day period at a single establishment. For specific guidance on collective consultations contact a member of our team today as you may be entitled to additional compensation called a protective award.
What is the purpose of a redundancy consultation meeting?
The redundancy consultation meeting will provide a forum for you to discuss the redundancy with your employer and it is a great way for you to find out more information regarding the redundancy process.
Your employer will explain the reasons why you were selected or put at risk for redundancy and their plans going forward. For example, the business may be restructuring and making cuts to save money lost during lockdown.
In the meeting you can respond to your employer and explain why you should not be selected for redundancy. There are a number of arguments that you may be able to make depending on your individual situation, for example:
- The redundancy pool was unfair because it did not consider other staff members when it should have;
- The selection criteria were unfair because you were off sick with an illness and this was not considered;
- The employer could save costs in different ways without reducing headcount;
- You could work in an alternative role at the business.
Your employer should take the comments that you make into consideration before making a final decision on whether you will be made redundant.
How do I prepare for a redundancy consultation meeting?
The key to preparing effectively for a redundancy consultation meeting is making the most of the information available to you. At this early stage, it is likely that you will not know much about the redundancy. You will have to think carefully about the sources of information available to you. For example, you may be able to extract key information from a brief discussion that you had with HR/your line manager about the redundancy or from the letter informing you that you were at risk of redundancy.
You should use this information to prepare a written list of questions that you would like to ask at the redundancy consultation meeting. This will lower the risk of you forgetting to mention an important topic of discussion in the meeting.
Questions to ask at first redundancy consultation meeting
It is impossible to provide an exact list of useful questions to ask as you will need to ask questions specific to your unique redundancy situation.
However, we have produced a list below of some questions that you may wish to consider yourself and consider asking:
– What is the reason for redundancy?
– Is the reason for redundancy genuine? Am I being targeted or is it a fair reason?
– What is the aim of the redundancy?
– Why are redundancies happening now?
– Are there ways to avoid redundancy?
– Can I be placed on furlough leave temporarily?
– Can I work in an alternative role?
– Can I work with a reduction of hours?
– Can I be placed on short time working?
– What is the selection pool?
– How was the selection pool identified?
– Why is department/role not included within the pool?
– Is the selection pool fair?
– What is the selection criteria?
– How was the selection criteria identified?
– Why is skillset/qualification not included within the criteria?
– Is the selection criteria fair?
– What redundancy pay am I entitled to?
– How has this been calculated?
– Will I have to work my notice period?
– What support will be offered to help me find another job?
– What is next in the process?
To find out more about the employment law services we offer, reach out to KLG Law today. Our solicitors specialising in employment law can assist in legal matters for both employers and employees. Please contact our team of employment law specialists on 0330 221 0684 or contact our legal team online.
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