Situation · At-risk notification

You just got an at-risk letter

An at-risk letter is the formal start of the consultation process. It does not yet mean you are dismissed. The next 30 to 45 days are when the decisions are made and when you can most usefully push back.

What the letter actually means

You are in a pool of employees whose roles may be at risk. No decision has been made on your individual role yet. The employer must consult with you (or your reps) before reaching a decision. The duty to consult is in TULRCA 1992 s.188 for collective rounds and in the implied duty of trust and confidence plus ACAS Code for individual rounds.

Your immediate rights

Written explanation of why your role is at risk and the selection criteria
Meaningful consultation, with time to respond between meetings
Consideration for any suitable alternative role within the employer (or group of companies)
The right to be accompanied at consultation meetings by a colleague or union rep
Time off (paid) to look for new work if you are then served notice of redundancy

Five things to ask in the first meeting

What is the business case for these redundancies and why now?
What is the pool, what is the selection matrix, and what is the weighting?
What alternative roles exist across the group, and how can I apply?
What is the enhanced scheme (if any) and what is the voluntary offer?
What is the timetable, and what is my notice date if selected?

Can the pool itself be challenged

Yes. A selection pool drawn too narrowly can be unfair under ERA 1996 s.98. If the employer pools just three people doing similar work when ten across the team do equivalent work, that is a challengeable pool definition. Raise it in consultation, in writing, before selection.