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Redundancy - HR perspective

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  • Redundancy - HR perspective

    Hi,

    I'm not sure if I'm allowed to post as an employer so apologies if not and please feel free to remove my post.

    I've been working in HR for 1.5 years so still relatively junior and have recently been left on my own after the resignation of my line manager, meaning the HR Dept now exists of...me! Anyhow, I'm handling my first redundancy situation at present (1 role - post skills matrix selection), my CIPD studies are helping and I'm comfortable with the process we've followed so far. I am however after some advice from other HR practitioners.

    We're now half way through consultation with the individual at risk and there's a new role coming up with the business which will be signed off very soon and would be a suitable alternative for this individual. It hasn't been signed off or advertised yet as the role is due to a new product launch, the new product hasn't been announced, therefore neither has the role. I believe that based on info I have, the role will likely be signed off and advertised around the same week that the employee serves their final weeks notice or maybe the week after! Convenient!

    I'm concerned that the employee will view the timing of the role being advertised as a little too convenient - when genuinely we just cannot discuss it with her now due to the confidentiality of the new product launch (and the fact our MD hasn't signed the role off).

    Now - the "yet to be advertised" role is in fact very similar to the role the employee at risk currently performs. The difference is that the employees current role works under one business unit and that business unit needs to lose a head for budget reasons, whereas the new role would be working under a different business unit that does require the role.

    Now logic tells me that we should extend said employees consultation period to allow for the new role to be signed off and advertised so that we can offer this role (which we would) to the individual whilst they are on consultation. This is to me a lot safer and more cost effective (an extra months salary) than a tribunal claim for unfair dismissal based on the fact that the employee views our advert, advertising for practically the same role they were made redundant from, just within a different business unit.

    Now it could be argued that as the role isn't live and may not be live until after said employee exits, they would not have a case to claim. However, we know about this role now and that it is very much an imminent requirement, so I'm inclined to edge with caution on this one.

    Would you extend consultation to allow for discussions about the suitable alternative role that has not yet been signed off?

    Thanks
    Tags: None

  • #2
    Re: Redundancy - HR perspective

    Hi Jacey welcome to the forum sorry you have not had a response sooner. Do you still need some assistance with this issue?
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    You are braver than you believe, smarter than you think and stronger than you seem.



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    Comment


    • #3
      Re: Redundancy - HR perspective

      Hi - I've dealt with the situation as best as I can now but I'd still be interested to get others views on this?

      Comment


      • #4
        Re: Redundancy - HR perspective

        Since there is only one redundancy there is no time limit for how long the consultation should be, However you should make the period a reasonable time in which you carry out the necessary consultation, that the employee will feel you have considered any alternative positions and taken into account any suggestions they have put forward to mitigate the redundancy. If I was in your situation (and I have been an HR Manager in the past) then for the sake of a week or two ( I am assuming that the business unit can cover salary for the extended period) I would extend the consultation period. I would also be as honest as you can with the individual and explain - without giving details of the new product launch to maintain confidentiality on this situation - that there may be an alternative position to offer the individual however it is still in the process of being verified and signed off and that in order to be able to offer it as an alternative to redundancy you are going to extend the consultation period until the status of the proposed vacancy is know. You can time limit that to two weeks if you want to so that this does not become an indefinite situation.

        From what you have said if the actual role is very similar in terms of the work that is undertaken the fact that it is in a different business unit does not mean that it cannot be considered a suitable alternative position (unless there is a location issus). I presume that hours of work, salary and benefits are not detrimental when compare to the individual's current contract.

        Hope that this advice helps.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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