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I am a property manager for a retailer and have been selected…

I am a property manager...

I am a property manager for a retailer and have been selected for potential redundancy, I have had the initial consultation meeting and am due to have a second meeting this week. The company is part of a group and there are several subsidiaries operating in the UK. There have been 22 redundancies across the UK subsidiaries in 2010 but only 1 for the subsidiary I work for, a further 2 positions are at risk. I am currently on maternity leave due to return to work in 3 months. I am the only person in the company who carries out my role. The company is in financial difficulty and the number of sites and projects which I look after has reduced. The company say my role has been selected as they are looking for ways to reduce costs and are questioning whether my solo role is still relevant to the business. It was decided during my maternity leave to use other departments to cover my role temporarily. The other departments who are covering my role have no specific property experience. The company say that in the event of redundancy there will be a permanent hand over of my role to these departments who will be managed by the MD and project work will be outsourced to a consultancy.
They have told me the statutory redundancy pay I would receive for illustration purposes (which appears to be correct) but have told me they will only discuss the redundancy package I would receive if it becomes an actual redundancy situation. I know that previous colleagues who were made redundant have received enhanced redundancy packages – the company deny this.
Questions
1. Is the selection process they have used fair?
2. I know there are extra rules which apply where there are multiple redundancies but does this apply in this situation?
3. Has it been easier for the company to select me as they have already had to manage without me for 6 months while I have been on maternity leave. Prior to going on maternity leave, I had handover meetings with the departments who are covering my role and made thorough handover notes to make it as easy as possible for the company to cope in my absence. They have not looked at restructuring other departments who are covering my role so I could keep a part time position as other departments are already stretched.
4. Can they merge my specialist role into other peoples roles who are not specialists in this field? ( i.e IT)
5. If enhanced redundancy packages have been custom, do they have to continue to offer in excess of the statutory? When do they have to discuss my redundancy package?
6. If these questions cannot be answered online, where can I go to get advice

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Answered in 3 hours by:

11/30/2010

Solicitor: Ben Jones, Solicitor replied 12 years ago

Ben Jones, Solicitor

Category: UK Employment Law

Satisfied Customers: 81,665

Experience: Qualified Employment Solicitor

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Hello

Thanks for your question. Please don't forget to press Accept once you get my answer. For now please let me know:

1. How long have you worked there for?

2. Do you know if there are any suitable alternative positions that you can take on?

Customer reply replied 12 years ago

Hi,

I have worked there for 6.5 years. At the moment they have told me there are no alternative suitable vacancies but said they will review for the 2nd consultation this week, although I do not expect any positinos to be available.

Thanks

Solicitor: Ben Jones, Solicitor replied 12 years ago

In answer to your questions:

1. Is the selection process they have used fair?

This does not look uncommon. If your position is no longer required due to financial reasons or restructuring, you can be made redundant and your duties redistributed across the company. That could be justified as a valid redundancy.

2. I know there are extra rules which apply where there are multiple redundancies but does this apply in this situation?

It depends on how many people are going to be made redundant in one establishment. If your employer is proposing to make 20 or more employees redundant at one establishment within a 90-day period, they should consult with employee representatives. What is classified as a single establishment can be complicated and it is not necessary the whole company and can be just a branch or a subsidiary.

3. Has it been easier for the company to select me as they have already had to manage without me for 6 months while I have been on maternity leave?

Not necessarily - your positions could have been identified at any point as being surplus to requirements. Whilst that could have been a reason, it would be difficult to prove.

4. Can they merge my specialist role into other peoples roles who are not specialists in this field? ( i.e IT)

With relevant training - yes.

5. If enhanced redundancy packages have been custom, do they have to continue to offer in excess of the statutory? When do they have to discuss my redundancy package?

You would have an argument that an enhanced redundancy package should be offered to you through custom and practice. If it is not then you would need to pursue a breach of contract claim in a tribunal and they would look at the employment relationship and whether some pattern of paying enhanced redundancy can be established. Your package would usually be discussed in your consultation period.

One thing you need to bear in mind is that you have enhanced protection against redundancy whilst on maternity leave. If you are made redundant during ML, your employer has a duty under Reg. 10 of The Maternity and Parental Leave etc. Regulations 1999 to offer you a suitable alternative vacancy. That essentially means that you should be offered such vacancy before other employees, even if you are not the most suitable employee for it.

I hope this helps. Please press the ACCEPT button. You would still be able to ask any follow-up questions if necessary. Many thanks

Ben Jones, Solicitor

Category: UK Employment Law

Satisfied Customers: 81,665

Experience: Qualified Employment Solicitor

Verified

Ben Jones and 87 other UK Employment Law Specialists are ready to help you

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Customer reply replied 12 years ago

Many thanks for your answer, it's very helpful.

Regarding question 4. I am not aware that the other departments who will take over my role will receive any training, in any case this would be difficult as to carry out the duties to the same level as I do would take several years training and job experience. Does this make any difference?

Regarding question 5. At this point it is difficult for me to prove what other people have received so it's tricky for me to argue as my informaiton is based on what ex colleagues have told me. How would I best challenge this point?

Finally. I am having to take my 6.5 month old baby into the consulation meetings as I am breastfeeding every 2 hours and have nobody to leave her with - my office where the meetings are held are 1.5 hours travel each way from where I live. I found myself a little distracted during the last meeting due to keeping my baby entertained. Is there anything I can request in relation to this?

Thanks again.

Solicitor: Ben Jones, Solicitor replied 12 years ago

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