What if you are not consulted about redundancy?
Redundancy is an ever present fear even in the IT sector - and with the current so called credit crunch, probably an increasing fear just now.
Under existing employment legislation, in a redundancy situation involving more than 20 potential redundancies, employers have to consult with employee representatives; either trade union representatives where there is a trade union recognised, or elected representatives from amongst the workforce where there is no recognised trade union.
Where an employer fails to consult meaningfully, it is possible to bring a legal claim against that employer, and if successful obtain a sum of money for each person affected. This is called a protective award.
In a case recently decided at the Court of Appeal (Northgate HR Ltd v Mercy), the Court confirmed that if an employer fails to consult properly, only the employee representatives and not individual employees can bring a complaint.
This is an important ruling, and highlights the difficulties and problems for non-union representatives who may not have the necessary skills and resources to pursue a claim. Furthermore, it takes some considerable strength of character for someone acting as an employee representative to bring a legal claim against the employer they may still be working for, with the understandable fear – based on some real likelihood in my experience – that they may find their name in the list of people to be made redundant in a future redundancy programme.
This case further emphasises the value of access to skills and resources in a redundancy situation.
So, where would someone access the necessary skills and resources, referred to by Peter, that are required in a redundancy situation?
Citizens Advice Bureau? As splendid a job as the CABs do, you still have to go back to work to try to carry out the advice. Daunting, to say the least.
No Win, No Fee Solicitor? You might not even be in a legal claim situation but need guidance on how to ensure your employer does things right. Even if you've already been made redundant, a NWNF solicitor will only take you on if they think they're virtually certain to win.
A Trade Union? Unions in general, and Unite, the union, in particular have experienced Workplace Representatives and Full-time officers and, where necessary, extremely skilled legal resources to ensure that employers do not exploit the weakness of individuals in redundancy situations. Unite is organised in virtually all the major IT employers and in most, engages in constructive dialogue with them so that potentially painful decisions are skilfully and jointly managed to minimise individual distress and hardship due to redundancy.
Unite tries to ensure that meaningful consultation on company re-structuring plans is undertaken early enough to influence the eventual outcome that will, in most cases, result in redployment or voluntary separation ahead of compulsory redundancy. Even where compulsory redundancy cannot be avoided, Unite tries to ensure that an effective out-placement service is provided by the company to give the leaver the best possible chance of securing a job elsewhere.
Posted by: Mick Matysiak | Friday, 02 May 2008 at 04:25 PM