As a HR Consultant I have been asked for advice on the following scenario:
A Company has a Sales force in the Western quarter of the UK; the area has been split into three sectors with a Sales Manager responsible for each.
The person in section 1 has a history of work related stress and as a result two years was given a reduced sector to accommodate this. She is also due to retire in 18 months.
The Company has decided now that Sector 1 is not viable and wants to merge the Sector with 2 and 3 to create two larger sectors and make the SM in Sector 1 redundant.
Person 1 has been made aware of this and was invited to a Redundancy meeting in a location 300 miles away from where they were based. Right to representation was given but no-one involved in the process was allowed to attend, this included the two individuals responsible for Sector 2 and 3.
After the first meeting, the individual provided back to the Company a written summary of why they thought the role should not be made redundant not least due to the length of time remaining before their retirement.
Following this the individual was signed of work on the advice of their Doctor due to the levels of stress.
Person 1. was then given 24 hours notice of the next meeting, as they had been signed off they explained that they did not feel able to attend, this was just before Christmas.
The HR person in the Co, told them that they were going to request access to medical records. Additionally other members of staff in Sectors 2 and 3 were told that Person 1. was redundant and was now playing the system.
Nothing was followed up regarding ATMR and no further communication was received so Person 1. wrote to the company advising that they were happy to meet in a location suitable to both and that access to medical records would be granted if the Company still wished it.
Nothing happened, until 2 weeks later and the individual was invited to a second meeting, whereby the answers to their alternative argument were outlined but the proposal was still going ahead. The individual was then told they could apply for one of the other two jobs. The individual told the meeting that they were considering applying for the role.
A telephone conversation subsequently happened less than a week later and the individual was told that their role was redundant and the notice period started immediately. This was followed up in writing and the letter again stated that the notice period started immediately but they had the right to apply for one of the other roles if they wanted to or could take their notice in lieu in order for it to be more tax efficient. (The individual has no PILON clause in their contract)
Neither of the two other Sales Managers in regions 2 and 3 have been placed at risk, they have however been asked prior to the consultation process starting, if they would mind picking up the additional work load, making the super regions would create.
I’m fairly confident they have done just enough to cover a process of sorts, but overall their treatment of this individual is fairly bad in terms of their behavior and conduct when speaking with them, but not the process followed or the reason for the redundancy which is fairly genuine.
My question is when should notice be given, before or after the individual had applied formally for one of the other roles and has been declined? plus any other advice on this would be great.
Thanks
Rosie T
