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Due to reorganisation of my NHS pathology dept i have now…

Due to reorganisation of...
Due to reorganisation of my NHS pathology dept i have now been classed as "displaced" from my post by the organisation pending reorganisation and have the opportunity of applying for newly created management posts in a new structue. All of the new posts do not have night shift enhancements attached as they are 9-5pm jobs. I currently work unsociable hours abd receive guranteed enhancements. If i am successful in attaining one of the new jobs i would be expected to drop my salary by £12,500 due to loss of the guaranteed shift enhancements. This constitutes a 20% drop. I have heard that >10% salary drop constitutes redundancy of a post Is this correct? What protection of salary should i get (local NHS Trust policy states 6 months) Can my organisation do this as it seriuously affects my child care arrangements with the change in working hours? i have been employed by the Trust for 15 years and NHS 20 years overall
Simon Lowes [email protected]
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Answered in 9 hours by:
10/3/2010
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,518
Experience: Qualified Employment Solicitor
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Hi

 

How long have you worked there for?

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Customer reply replied 7 years ago

Hi since june 1996 and 25 years in the NHS as a whole

 

 

And what has happened to your normal job - are you continuing to work in it?
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Customer reply replied 7 years ago

 

yes ,nothing has changed other than the fact i have received notification of displacement prior to reorganisation

 

 

In a redundancy situation your employer is encouraged to search for and offer you suitable alternative employment to avoid making you redundant. This could be a job within the same company or any associated companies it may have.

 

If you accept the offer, then you are treated as not having been dismissed and you would lose your entitlement to a redundancy payment. This is subject to your right to have a 4-week trial period if the job is different of it is the same job but with different terms and conditions. If, during the trial period, you decide against taking the job then you are deemed to have been dismissed and refused an offer of alternative employment.

 

If you refuse the job, you would lose your entitlement to redundancy pay if it is deemed that it was suitable alternative employment and the refusal was unreasonable. However, if the offer was unsuitable and the refusal was reasonable, you would keep your entitlement to redundancy pay.

 

The factors that make the offer unsuitable or your refusal reasonable are as follows:

 

Job content and status - drop in status or level, substantial differences in duties, including loss or addition of job content.

 

Pay and other benefits - significant drop in earnings, including basic pay, bonuses, overtime, sick pay, holiday entitlement, etc.

 

Working hours - change in shift pattern, removal of overtime, extension/reduction of working hours

 

Change of workplace - if your place of work changes and your personal circumstances make it unreasonable for you to travel to your new place of work. This is on the assumption that you don't have a mobility clause in your contract, in which case your refusal may be unreasonable.

 

Job prospects - going from permanent to temporary or fixed-term employment.

 

 

So as you can see there are a number of reasons that would make an alternative offer unsuitable and you would be able to reject it and claim redundancy pay instead. It is up to you to consider whether you wish to accept the offer or reject it but do bear in mind the above advice when making a decision.

 

Please press the ACCEPT button. You would still be free to ask any follow up questions. Thank you

 

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,518
Experience: Qualified Employment Solicitor
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Customer reply replied 7 years ago

Hi Ben

thanks for the answer would my loss of the ability to do shifts which i have been doing with them for the last 14 years be considered as unfair in employment law?

Do they have to make me an offer for my loss of earnings due to the loss of shifts if i accept a new job with them? or do i hold the playing cards?

 

Simon

 

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