Staff at P&O Ferries – Know Your Redundancy Rights
Today P&O Ferries told 800 of their staff via a video call that they were being made redundant with immediate effect. This was understandably met with outrage as it became clear that the crew were being replaced by agency staff.
Almost Certainly Unfair Suggests Redundancy Solicitor
The key principles of a fair redundancy dismissal include an employee’s right to attend an individual consultation meeting with their employer to understand the reasons for their role being made redundant and to discuss any alternatives to redundancy. P&O Ferries have failed to follow these basic steps, which means P&O Ferries redundancies was almost certainly unfair.
P&O Ferries Redundancy Requirements
As a result of the number of redundancies made by P&O Ferries, they were also under a strict legal duty to adhere to minimum collective consultation periods and to inform The Secretary of State (using an HR1 Form) before any redundancies took effect. P&O Ferries should have followed an extensive consultation process before making any redundancies, which would have required them to consult with appointed employee representatives and their recognised Trade Union. All affected employees will therefore be able to claim a protective award equivalent to 90 days’ gross pay.
Redundant Staff of P&O Ferries Should Seek Legal Advice
Affected employees should seek early legal advice from a specialist redundancy solicitor as their employment tribunal claims are subject to a strict limitation period (deadline), which will require them to contact ACAS to initiate Early Conciliation before this deadline expires.
It has recently been reported that the Government is planning to pursue P&O Ferries for breach of their reporting obligations to The Secretary of State. Their reporting failures amounted to a criminal offence and are likely to result in a significant financial penalty for them.
If you are one of the staff affected by P&O Ferries’ decision and want to seek independent, expert advice on your employment rights including any claim for a protective award and unfair dismissal, please contact Henry Doswell by email at email@example.com or by calling him on 01233 722942.
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