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Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5404
Experience:  Over 10 years experience in general legal matters
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My organisation is going through a restructuring and has issued

Resolved Question:

My organisation is going through a restructuring and has issued many staff with 'Risk of Redundancy' notices. However in my case they have given me a letter that says they are proposing to change my job title from Head of Department to Senior Manager.

As well as the job title change I would go down 1 grade on our pay scale, lose about 60% of my staff and change responsibilities. The letter I have been given only makes reference to a title change, they are not saying that my current job is at risk of redundancy or that they are offering me this aternative role as suitable alternative employment.

In the new structure my current role does not exist and so I would argue is redundant. In my view this would be a substantive change to my role, and almost feels like they are taking the opportunity of the restructuring to demote me - although I have had no negative feedback or communication of such.

I would like to understand if the way my employer is going about this is legitimate and what the implications are if they do not put me at risk when in fact my job is redundant.

Thank you.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jenny Mackenzie replied 1 year ago.

Jenny Mackenzie :

Hello and welcome to Just Answer, how long have you worked for your employer?

Customer:

I have worked there for over 7 years.

Jenny Mackenzie :

So is it the case that the role will not change only the job title and salary? (other than the number of direct reports?)

Customer:

I currently look after two teams which do linked, but not the same work. I will lose the larger of these teams and the responsibilities that go with them, but retain the smaller team and those responsibilities.

Jenny Mackenzie :

Ok a redundancy situation occurs where the need for a person to perform their job 'ceases or diminishes'.

Customer:

So if the work is still done somewhere in the business, but divided up differently then my original post is not redundant?

Jenny Mackenzie :

No that analysis does not work. It is your role that is important, the division of work resulting a role of that is reduced means that your 'role' is redundant. You are being offered alternative employment at a reduced salary and status.

Jenny Mackenzie :

You are entitled to reject that role on the basis that it is not a suitable alternative to redundancy.

Jenny Mackenzie :

It is my view that you should be being put at risk and consulted on the basis that your role is redundant. If your employer does not do so then you should raise a grievance. Ultimately you can claim unfair dismissal/redundancy pay on the basis that the employer has failed to consult/ has not offered suitable alternative employement.

Jenny Mackenzie :

If you have any further questions please ask. If I have answered your question I would be grateful if you would give positive feedback. Thank you and all the best.

Customer:

They letter they have sent says that it is a change of title though and they have not offered this as suitable alternative employment - just a role change.

Customer:

How do you think I should address this with my employer.

Jenny Mackenzie :

You should raise a grievance that it amounts to a redundancy situation because your role has 'ceased or diminished' and you have not been offered 'suitable alternative employment'. If they continue to argue that it is not a redundancy situation you can reject the new post, appeal and raise a claim at www.employmenttribunals.gov.uk

Customer:

Great, thank you

Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5404
Experience: Over 10 years experience in general legal matters
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Jenny Mackenzie
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Over 10 years experience in general legal matters