Redundancy and restructuring FAQs

These are the most common questions our members ask during redundancy and restructuring exercises. The answers are only visible to logged-in members.

The consultation process

• How must employers consult employees and unions in a restructure or redundancy?

• What are the first practical steps management need to take if there are going to be redundancies?

• Who must be consulted?

• Supposing The ECS Group, like some smaller unions, is not recognised in your employer?

• Are there ECS Group rules for working with other unions?

• What policies should an employer have in place as a framework for redundancies and restructuring?

• What are the essential ground rules for the consultation process?

• When should management commence consultation?

• Management have mentioned an HR1 form. What is this?

• How should we respond to a consultation document?

• Why is an equality impact assessment important?

• What if the equality duties are ignored?

Specific issues affecting individual members

• How long will my salary be protected if I am offered a lower graded job?

• How are posts filled in a new structure?

• What is the most appropriate process for selecting staff for posts in the new structure?

• How should interviews and ring-fencing be organised?

• Is there a right to volunteer for redundancy?

• What is "suitable alternative employment"?

• Can refusal of a suitable alternative employment endanger your redundancy rights and payment?

• Are we allowed a trial period for any alternative job we are offered?

• Can fixed term, part time and flexible staff be treated differently to full time or permanent employees?

• Management say fixed-term staff can only apply for jobs when permanent staff have all had a chance first. Is this legal?

• I am a part-timer but all the jobs on offer appear to be full time ones. What can I do?

• I am currently on '9 day fortnight' working due to caring for my children but there is no mention of this in the restructure document. What can I do?

• How should staff on maternity or adoption leave be treated?

• What can I do if I think the selection process for remaining jobs is unfair?

• I have been offered a job in the new structure but it looks impossible to do because of the workload. What should I do?

• How is redundancy pay calculated?

• What are my pension rights?

• What pensions benefits am I entitled to?

• What is meant by "continuous service" and how does it affect any redundancy payments?

• If I leave with a redundancy payment can I get a job elsewhere straightaway?

• How will I be taxed on any payments?

• As part of the local restructuring, our part of the service is being contracted out. What difference will this make to my contract of employment?

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