re-structure and changing roles

[HappyWoman]

I wonder if anyone can help

Restructure of department going on.

There will be a reduction of numbers of staff about 20% reduction - so there will be some redundancies

Currently matching process going on - everyone has had to indicate prefered roles within the new structure.

Questions are

1 can management offer a lower salary and package?
2 if they do - can this be refused and redundancy requested instead? Can this be seen as constructive dismissal?

Very stressful time at the moment any advice much appriciated. No-one knows if they have a job or not and this has been going on for about 3 months now.

Management being very closed about details and will not give any re-assurances saying that the consultation process has to be followed!!

1. They can certainly offer lower roles, in the event of existing roles being redundant and/or selection for suitable roles being fair.

1. If lower roles are offered as a suitable alternative they can be refused as being unsuitable on the basis that the job content doesn't fit skills and experience and terms and conditions are less favourable. If they were refused and no suitable roles were available the person would be redundant.

I'm not sure what you mean about constructive dismissal. Do you mean offering them could be constructive dismissal? Sorry that bit's not clear.

yes if a lower package was offered could this be classed as constructive dismissal?

Because the final packages have not been been made public no-one really knows if a lower salary will be offered or not, this is part of the problem too.

I suppose what i want to know is - because a particular role has been identified as being prefered does it mean that if it is offered at lower salary it has to be accepted?

No, generally you don't have to accept a role with a pay cut even if you are at risk of redundancy. You can choose to be made redundant instead.

It isn't constructive dismissal. Constructive dismissal is treating someone in a way which causes a breakdown of the employment relationship. Offering someone a lower role may be a long shot at avoiding the redundancy, but it's not done in bad faith.

As an aside, there is also no way you would claim constructive dismissal if you were being made redundant. CD means walking out and proving you were entitled to do so by being treated so badly. That would be risky if you think you are going to be dismissed anyway, because in a dismissal claim you just have to prove that their reason or process wasn't fair.

thanks

my fears are that a lower paid role will be offered and that refusal of this will be seen as unreasonable

Does any change of role need to be given in writing and does it mean a new contract?

What about continuous service?

Sorry just seem to be so many questions

employers are unwilling to give any concrete answers with the response that the consultation process is going on and needs to be completed first!!! So bloody frustrating.

I dont think walking out is an option (yet) although the stress this is causing family is making that difficult atm.

You wouldn't be unreasonable to refuse a lower role that involves a pay cut as being unsuitable. Do you have any reason to think that would happen at all?

You wouldn't necessarily get a whole new contract, no. A letter confirming that your role is redundant and you are now in x role with x terms and conditions would be fine as an amendment to your existing contract.

Continuous service would be preserved, it doesn't matter what job you are in.

Have you been told when the consultation period is up?

thanks again

not been confirmed when the consultation period is up but it is hoped that it will be by mid november - nothing offical though which is most of the problem.

I do know someone who has already got another job but is still going through the process in the hope they get made redundant anyway.

Just wish management could see just how low they have managed to get moral.

The reason i think there will be a reduction in salary is because it will be a way of making 'instant' savings - as i said nothing really 'official' has been said about salary but the 'new' role just had £lower salary ± and during 'interview' would not be drawn on final salary.

So you've been for an interview for the role in question? You put 'new' in inverted commas - do you think it's the same job then?

There's a difference between making your current role redundant and offering you a new, lower-paid job as an alternative and trying to just change the terms and conditions of your current role.

Are there any employee representatives of any kind involved in the consultation?

it is a different role - whole restructure of department - although the same jobs will still have to get done iyswim.

It was not called an interview - a matching process.

It is a management role - the 'interview' went well but have no idea exactly what they are really after - none of us do actually.

There has been a consultancy firm brought in so i am sure everything is being done legally - just not very quickly!!!

Its just such a mess

I am worried that this consultancy firm are only looking at the figures and it will be easy to just lower everyones salary because everyone will have a new role.