"Restructuring"

[Mmmmshop]

My SIL works for a local authority (England) managing a residential unit for adults with disabilities. Her unit is one of two in the authority.

The LA are 'restructuring'. One of the units (the other one) is becoming an outreach service. My SIL's unit is remaining exactly as it is now.

All staff from both units have been asked to reapply for their posts. My SIL and the other manager were interviewed today. The other manager has been offered and accepted the outreach manager post. My SIL has been told she was unsuccessful and her post will now be advertised externally.

As far as I can see, they've effectively sacked her through this process, bypassing all the procedures you'd usually need to follow to do that. The job she applied for had exactly the same job description as the job she's currently employed to do.

She's under the impression this is all cricket because it's 'restructuring'. AIBU to think this sounds seriously dodgy?

If the job really is the same then no they can't do this and she needs to get legal advice. Usually they rewrite it and make it look different so it's harder to do.

Are you absolutely sure that her job is being advertised and it wasn't just 2 of them going for 1 job?

If there is now only one manager job and there were 2 managers (SIL + another) then it makes sense

Is it possible she has been sacked but has made up the "restructuring" to deflect a bit?

Also, her unit will have to change to meet the new demands placed upon it by the effective closure of the other unit!

So her job description will have changed, possibly quite significantly, depending upon what responsibilities the other manager held and will no longer carry out!

But, regardless, your DSis needs to talk with her union rep and get all the correct information at her fingertips!

With this type of thing, the standard tactic is to vary the job description, the person specification or the list of duties ever so slightly.

It's essentially the same job, same salary and title, but you have ro apply for it and you won't meet the criteria.

She needs to take advice, go to her union and talk about redeployment and redundancy options.

How do Employment Lawyers/workers ever win against this kind of crap?

It isn't as hard as you think, I've heard of several cases. The companies usually agree to settle out of court though. If the OP's SIL really has been made redundant and her identical role has been advertised then that is unfair dismissal. I doubt that is exactly what's happened though.

Perhaps the role really has changed, perhaps they do only need one manager..?

As basic said, whilst it isn't unheard of for employers to use restructuring as a blunt instrument, the reality is often that the hard done by employee doesn't report certain facts to sympathetic ears.

In this case I would wonder how the role could stay the same given such a drastic change.

I think restructuring is used regularly as a way of getting rid of people (it certainly is where dh currently works.) It's dodgy as fuck and completely blatant, but it's not illegal.

Employment lawyer here. Assuming there were only 2 managers at the start and there will be 2 managers at the end( although 1 is the outreach role) and your SIL's role is identical then I'm struggling to see how they're making her reapply. Is the role changing at all - as they might try to say it's a restructure, if not a redundancy which they might be able to get away with but its not a strong legal argument. Worth pushing them on this a lot. Good luck.