Redundancy Questions - Scotland?
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On 13th February 2009 I was advised that my position was 'at risk' and there would be a 4 week consultancy period. Having been here before, this is generally lip service, but, always with an open mind. Anyway, here are my questions, and these need to be from a legal standpoint. 1. My company is part of a larger 'group', is my company duty bound to circulate my CV to other parts of the group to see if they have any vacancies suitable. Bearing in mind that the parent 'group' has approximately 20 + companies. 2. I have passed on my CV to the director of my business unit, how do I know that he will pass it on to other managers/directors to find out if there are any suitable vacancies? Do I have the legal right to see what efforts he has made? What emails he may have sent? 3. Our employee manual alludes to redundancy, but, I have not yet been shown a copy of the redundancy procedure. Do I have the right to see the procedure. 4. I have been 'selected', do I have the right to see what the selection criteria is/was? 5. I believe that i have been selected on the basis of salary, is this legal? I appreciate economic downturn, etc. but something doesn't seem right about that. 6. I believe that my position has been 'ring fenced' as I am the only person doing these duties, and largely once I (if (lol)) leave these will be shared amongst those who are remaining. Apart from the fact that this is grossly unfair, it smacks of hypocrisy. One colleague actually earns more than me, although at a higher salary. How is it justifiable to make my position redundant on the basis of salary and then retain staff at a higher salary? 7. How soon after being told I am 'at risk' should I receive confirmation of this in writing? 8. If I subsequently find out that there are positions within the group (as advertised as vacancies on the company website), which I have not been considered or even interviewed for, what action can I take? 9. Previously I had been informed that I would be transferring divisions within my company and received my new email address, etc. this occurred the end of December 2008. Since then I was informed that there was a 'downturn' in the business and that I would not be transferring. Had this transfer occurred, there is a possibility that there would not have been a redundancy position. Clearly this is unlucky, but, is this also illegal? Any help and assistance would be greatly appreciated.
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Answer:
the 4 week consultancy period sounds normal they can have criteria maby a sheet they mark you on and yes you can see it you are in scotland remember so oral verbal contracts agreements stand also they told you as a grooup so thats correct though if they make you redundant they must consult you personally and state the redundancy payout and you should get something in writing. They dont have to get you another job all they need to say is that your postion is no longer there for whatever reason. though they have to prove that they have done their utmost within the company to avoid redundancies eg be fiancially responsible
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