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Work making changes, probably redundancy would appreciate a cursory glance all is in order

(6 Posts)
worried0015 Mon 12-Sep-16 13:47:21

Brief outline of my circumstances
I'm part time, have been for 8 years.
Been employed over 10 years in same role but changed departments a couple of times.

Company restructure last year moved me to a new department again.

This new Boss (B) passed me to a different manager with whom I have had zero contact with.

Then under a year later B announced another restructure within department, B announces now my Boss again and I basically have to reapply for my job because it is now a full time job and there is a second job also full time currently performed by woman D and she too is also affected by the restructure.

B and D have not had a formal meeting in the correct time frame (I was told they would and now that they have) although obviously I cannot prove that. D wants to apply for my job in the new full time capacity.

Pushing me to redundancy.

Is there anything in there that screams a bit off? I am guessing they can restructure however they like, but the fact B and D are obviously in cahoots is simply one of those things? It's highly unusual in my field of business to act so low.

TIA
I'm so worried obviously - single mum, lots of responsibility.

prh47bridge Mon 12-Sep-16 22:38:30

If you don't want to take the job full time and D does the company has done nothing wrong. This is a genuine redundancy situation in that both part time roles will be redundant. They have given you a chance to apply for the full time job.

If you have applied for the full time job as well as D one of you will clearly be redundant but you won't know which until the recruitment process is over. It may be that they really want D. If they do there is nothing you can do about that unless the reason is discriminatory. You have not said anything that suggests discrimination.

At the moment I can't see that your employer has done anything wrong. Sorry.

MuchasSmoochas Mon 12-Sep-16 22:47:40

The job which you have to apply for- is it exactly the same as the one you're in now?

MuchasSmoochas Mon 12-Sep-16 22:57:37

Off to bed. I don't agree- if it's the same job, just full time, it's not redundancy. They are trying to unilaterally change your contract. And it could be indirect discrimination as more women than men are primarily responsible for arranging childcare. This sums it up well. www.workingmums.co.uk/advice-and-support/can-they-force-me-to-go-full-time-ask-the-expert/
Hope it works out for you OP, rotten luck.

prh47bridge Tue 13-Sep-16 00:27:10

if it's the same job, just full time, it's not redundancy

Technically this is a reorganisation which justifies dismissing the OP on the grounds of "some other substantial reason". Whilst it is not legally a redundancy most employers treat it as such which is good for the employee as it means they get redundancy pay. If this went to tribunal the dismissal would probably be regarded as fair.

They are trying to unilaterally change your contract

Disagree. They are not forcing the OP to work full time. If they told her "as of Monday you must work 40 hours per week" that would be a unilateral change of contract. Telling her they are reorganising and her role will no longer exist following the reorganisation but there is a full time role for which she can apply is not a unilateral change to the OP's contract. Read the article to which you link carefully.

it could be indirect discrimination as more women than men are primarily responsible for arranging childcare

If the employer can show valid reasons for the reorganisation (e.g. having a single full time post reduces costs compared to two part time posts) they will be in the clear on this. To use the technical terms, they have to show that the reorganisation is a proportionate means of achieving a legitimate aim. So yes, it is possible the OP has a case here if the employer is unable to make a solid business case for their actions.

worried0015 Tue 13-Sep-16 13:41:04

Thank you for taking the time to reply.
I appreciate it and I don't think there's any wrong doing.

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