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18th November 2008, 09:46 AM
I would totally agree with joining your union. They can make sure that your redundancy is handled correctly and you recieve any benefits that your employer might not 'advertise'.
Ellie are these c.30 staff the same staff that downed tools a couple of months ago? As Kevin says it sounds like there has been a breach in the Employment Act, although does it cover staff on temporary contracts?
From direct.gov
Quote:quote:
Employers should always consult with employees before making them redundant.
[u]Ways of consulting you</u>
There are two ways in which your employer might have to consult you about redundancy:
collectively (that is, consulting the whole group that is being made redundant)
individually (that is, speaking to each person directly)
[u]Collective consultation</u>
If your employer's planning to make 20 or more employees redundant within a 90-day period, your trade union (or elected employee representative if you don't have a union) should be consulted before anyone's given notice.
The consultation should cover ways to avoid a redundancy situation, and how to keep the number of dismissals to a minimum and limit the effects on those dismissed (eg by offering retraining). It should take place at least 30 days before the redundancies are due to begin or 90 days if more than 100 employees are affected.
If this doesn't happen, you (or your representative) can take your employer to an Employment Tribunal, which can award up to 90 days' pay in compensation to each employee.
[u]Individual consultation</u>
Your employer should always consult you individually. This will normally involve:
speaking to you directly about why you have been selected
looking at any alternatives to redundancy
If this doesn't happen, your dismissal for redundancy may be unfair.
http://www.direct.gov.uk/en/Employment/R...G_10029835
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18th November 2008, 10:47 AM
To all the above I would add that the time to join a union is BEFORE you get laid off, not afterwards. The union might not be able to represent you in events which happened before you were a member.
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18th November 2008, 01:09 PM
Quote:quote:Originally posted by Noddy
Ellie are these c.30 staff the same staff that downed tools a couple of months ago? As Kevin says it sounds like there has been a breach in the Employment Act, although does it cover staff on temporary contracts?
Noddy asks whether the right to a consultation period applies to staff on temporary contracts. And the answer is most definetly.
The union representing Museum of London staff won a £500,000 protective award case in 1991 against the museum who dismissed 240+ short and open end contract staff without giving the required 90 days notice. The award covered the amount of wages that each individual would have received for that 90 day period.
Any employer who proposes to lay off 20 or more staff over a short period of time (it doesn't necessarily have to be all at the same time) is required to undertake 30 days consultation before the first lay off, even if those people are on fixed term contracts. I can't see any case of an archaeological employer where this should cause a problem. Surely any employer ought to be able to plan 30 days in advance......shouldn't they?
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18th November 2008, 04:38 PM
"To all the above I would add that the time to join a union is BEFORE you get laid off,not afterwards"
Oxbeast is absolutely correct on this folks- I made the mistake off trying to join PROSPECT just after I got laid off and was told it would have to wait untill my next lot of employment.
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19th November 2008, 01:39 AM
Hi. The people being laid off have been given a month's notice. I don't know if a consultancy with a union has been gone thru. I suspect it has as no one is kicking up a fuss. To be fair the unit in Q does, from past experience, try very hard to retain people in lean times.
I know people hate getting laid off and should get any benefits etc... they're entitled to but units can hardly help it if there's no work otherwise they'd all be going bust. Tis just life.
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3rd December 2008, 10:43 AM
The company I work for (for a few more days at least!) has let all the contract staff go and is in the process of halving the permanent fieldwork staff of all levels, totalling nearly 50 people with additional office losses.
No upturn is predicted in the 'foreseeable future'
Looks like being a lean winter this year
