Can I be left hanging about potential redundancy?

I went on maternity leave in June 2017. Recently we were told that our team would not be needed in the company any more. I was told by the CEO that my role and future in the company would be discussed later when he had a better view on the company’s financing situation. I’ve been chasing him for a bit over a month now, with him still saying that he has no clarity on whether I can come back for my existing role or to a potential new role as he still needs more information from investors in regard to the company’s future direction and financing. I’ve got a three-month notice period and I’ve said that I can end my maternity leave soon. He says that he will “update me in regards to potential existing job/new job as soon as he knows” or if I can’t wait for that he can “make a deal in regards to my notice period”, i.e. pay me for two months and relieve me of all my work immediately.
So my questions are as follows:
1) Are they legally allowed to keep me hanging like this in regards to potential redundancy?
2) What if they offer me another role that I don’t want – am I still entitled to my notice payment?

Legally, they have to do some form of consultation if they are making a certain amount of redundancies –

There’s no time limit for how long the period of consultation should be, but the minimum is:

  • 20 to 99 redundancies – the consultation must start at least 30 days before any dismissals take effect
  • 100 or more redundancies – the consultation must start at least 45 days before any dismissals take effect

If they are making less than 20 redundancies then there isn’t a legal obligation for a period of time to consult, but they do have to consult.

So, in short, they can say they don’t know yet and let you know as soon as they do.





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