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GUEST COMMENT: Gaming the redundancy process


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This article is only relevant for people who get made redundant. If you're any good you don't get made redundant. Last year my entire desk/business was closed down but they kept me on in a new role because I was good.  Read all comments »

What follows is drawn from hard experience. I have worked in international and investment banking for 30 years, latterly in investment management. I have been made redundant several times and I have learnt from it.

From the outset, it's worth recognising that a company can do pretty much anything it needs to do to survive, just as long as it follows due process.

This is something you can use to your advantage. It is the company's responsibility to execute the process correctly, yet often they do not do it well. Avoid the temptation to point this out, but keep it to use when it serves you best.

Record keeping

As soon as you sense you are going to be put through, “the process,” you should start keeping your own records. The simplest way to do this is to send an email to yourself. This starts a timed record. Think back to anything, any event that may have led to the situation and record key events, key comments and the people involved. Also get and keep copies of relevant policies, performance reviews etc. that may be of use in future.

As the process continues, keep your own record of meetings and events and do it while your memory of events is fresh. Current HR thinking seems to be to record and minute as little as possible (in case it is subsequently used against them). If it comes to a dispute, having a better record than theirs gives you an advantage.

There is one way that you can use HR. They will usually be present at key meetings, keeping their own records. You can use this to surface and have recorded key questions or issues that you want noted. I tend not make statements, but instead I ask questions that try to expose shortcomings or to build commitments from the company. Where a commitment has been made, you can make a point of anything that was agreed but not delivered in subsequent meetings. It all helps in the final reckoning.

PPCC or Present and Productive, Creative and Cooperative

While it is natural to feel upset, annoyed and irritated if your employer puts your position at risk, it is worth thinking about how you react to it. My approach is “PPCC”. By this I mean I do not take time off, literally or psychologically, and keep performing your role, producing what you would normally produce.

If you behave as if you have accepted “the inevitable” the company could think its job is all but done.

The second part is to be creative and cooperative. Creative means looking at ways that you can remain in employment such as other roles in the company you could do. Similarly think about who you could talk to in order to identify other opportunities.

Following these leads can help buy you time (see Constructive Obstruction), slowing the process to suit you.

Co-operative is about working with the company in the process. This may seem counterintuitive, but I would contend that it is not. As said at the start the company can do mostly what it wants, as long as it follows a process; this does not need your co-operation and indeed the less you co-operate the more it will be “done to you.”

Instead your plan should be that if the process is flawed, it is not due to your lack of co-operation. If and when a third party reviews matters, the pressure will then fall upon your employer.

Constructive obstruction

Through this difficult period it is best to make time your friend.

Everyday you are employed is another day that you are paid. The longer it takes to reach a final conclusion, the longer you will be paid and the greater your opportunity to find your next career step.

In contrast, the company probably has a target timeline for resolution and the longer it takes to close things down, the greater the pressure on management and HR.

Constructive Obstruction is about a “yes, but” approach. For example, say the company invites you to consultation and suggests 30 days before moving to the next stage. In this case you can record that you understand that intent and process, but Christmas, Easter, summer holidays, year end, etc coincides and that to fully explore the issues and opportunities the period needs to be, say, 40 days. Don't be unreasonable, but extend things bit by bit.

Similarly if you need to see someone in particular, but they cannot see you until after the agreed date, make the appointment, but ask for the next review point to be put back to allow for this “necessary” meeting.

Try not to say “no”. Instead stick to “yes, but” and look for ways to extend the duration of the process.

Focus on your personal objective

It is worth working out your personal objective. Crudely speaking there are only two possible outcomes. The first is that you leave, but want to get the best financial deal possible. The second is that you stay in the best capacity you can achieve. The importance of this is to allow you to keep perspective and focus on what is really important for you during the various discussions.

Ironically though, your outward position remains the same in either case. Ie. you understand the company needs to make changes, but believe you can still be an asset and very much want to stay and be part of the future. This is the same position if you want to stay, but now it says that if they want you out they will have to pay.

Stay open

Until you are ready to close matters I suggest that you approach every meeting with an open mind. Endeavour to stay vague and encourage to company to show its position first – this then sets the floor on what you will settle for.

No Complaints/No HR

Be careful not to trigger a formal complaint process, unless it is in your favour or you have no choice. Once HR get wind of a complaint or escalation, their response is most likely to be to execute the process better. Your room for delay and negotiation will then be limited

If do want to escalate matters or ask advice, work up your business lines rather than go to HR. Business managers often have some greater latitude and may recognize and value that you have not triggered events that could reflect badly on them.

The author is a former investment management professional who now runs a consultancy helping individuals to deal with change. For more information, please visit www.changementor.com.

COMMENTS

CD, Capital Markets,  Thu 28 May 09

This article is only relevant for people who get made redundant. If you're any good you don't get made redundant. Last year my entire desk/business was closed down but they kept me on in a new role because I was good.

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still@lehman, Accounting & Finance,  Thu 28 May 09

i guess you are modest too?

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Brett Favre, Private Banking / Wealth Management,  Thu 28 May 09

@ CD - You are a tool, the less we hear from you the better.

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apples10,  Thu 28 May 09

If you have a phone call out of the blue from HR, then given 1-week to sign a compromise agreement - or else it's the legal minimum - then unfortunately I can't see how the above can help - but interesting for those still in jobs and worried.

CD - I've worked in the City for 20+ years for good names in front office roles, so I must be OK at my work .. . . . . . . .yet still made redundant. . . . . . . . go figure. . . . . . . . it happens. . . . . . . . .  .I'm not sure if you are good, but I bet you are cheap . . . .. !!

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richardbrom,  Thu 28 May 09

CD= TWAT

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anon, FX & Money Markets,  Thu 28 May 09

good advice. times are tough and it is best to be well prepared.

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dstevens,  Thu 28 May 09

CD=complete di*k

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kevlar, FX & Money Markets,  Thu 28 May 09

Good people do get made redundant. Sometimes for political reasons they get fired as well

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usfaerie,  Thu 28 May 09

haha CD you're sad. Myself and another guy who got made redundant from my team both now have BETTER jobs after 3 months! Don't you know if they have to choose between two equal performers they will lay off the one with the greater likelihood of quitting, asking for more pay, or demanding a promotion?! i.e. the better one! It's about cost savings you moron.

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Paul, Private Banking / Wealth Management,  Thu 28 May 09

CD - as a manager who has recently had to make a couple of good people redundant, you are talking utter cr*p.

Please pipe down.

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