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2nd December
2010
written by Guest

If you are unfortunate enough to have been told that your job is at risk then here are 5 tips which will help you through the difficult weeks ahead.

  1. Ask a colleague to accompany you to the consultation meetings which you will have with the company. You will not be able to remember or take notes on all that is said so have your friend do this for you.
  2. You should think through the different outcomes and how you will react to what might be offered.
    For instance:

    1. Are you interested in taking a settlement and leaving?
    2. Or do you need to remain in work no matter what happens or what is offered?
    3. Are you willing to accept a reduction in terms, maybe fewer hours or a pay reduction and would this be short term only?
    4. Are you willing to go to an employment tribunal to make your case?

    You don’t need to make these decisions at the start of the consultation process but it helps if you keep them in mind.

  3. There are generally three mistakes which your employer can make. You need to be aware of these and tailor your questions and responses accordingly.
    1. The most common mistake is to get the basic procedures wrong. There are strict rules governing the agenda and timing of meetings. If they are not met then this is factual and you will have a good basis to appeal.
    2. If your employer has to select the jobs placed at risk then the method used is always open to challenge. Traditionally a last in first out basis is used but this is no longer good enough on its own. Selection is a minefield for any employer to negotiate.
    3. Discrimination. This is generally where the large pay outs come from. If you are discriminated against in anyway then your potential claim becomes much bigger.
  4. If the discussions fail to preserve your job and your employer confirms that you will be made redundant then you must appeal. If you do not do this then you cannot take your case against your employer to a tribunal.
  5. There are basically two ways your employer will approach redundancies. All employers will seek to manage the risk of having to make a large payment awarded by a tribunal but there are two main approaches which you will come up against:
    1. Some employers will go to great lengths to minimise the risk. They will listen to everything you say, try to provide good answers and generally play it as straight as they can. This might give you the opportunity for an enhanced settlement or maybe a different job offer.
    2. Some employers will be very slack in their application of the rules. They know that unless you actually have the determination to take your case to a tribunal then anything which you say will have no strength. They will try to steam roller the process, allow too little time and then try to manage the consequences. Your chances of concessions are slight but if you persist the chances of a good award at tribunal can be higher.

Article written by Mike Holly. Mike lives and works in Northumberland and is currently looking at cottages in Alnwick.The views expressed in the article are his alone and are written as a general guide for employees facing redundancy.

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