Can I choose to take redundancy?

[ApuskiDusky]

Hello, I'm keen to double check what I think I am allowed to do, would really appreciate any confirmation or otherwise!

I'm currently on maternity leave, and my job has disappeared in a restructure. Two roles have been created at the level of seniority I was at (reporting in to my current line manager), and I have not been given either of these roles. I don't think there's a reg 10 case for either of those roles - one is quite different to my old role, and the new role that was closest to mine has been given to someone also on mat leave.

So, they have said they want to keep me, and would like me to take a role reporting into the role taken by the other person on mat leave. I think they have done their best to boost the level of responsibility of the role they want me to take, and have said they will protect my salary and grade, but to my mind there's no getting away from the fact that it is a demotion, one step further down the hierarchy. Many of my old role responsibilities have been put in this role, albeit with an extra level of supervision - they seem to be designing it with me specifically in mind - plus some other bits that I didn't do before.

I think that as it is acknowledged by all that my old job has disappeared, it is up to me to say if I want this job or whether I would like to take redundancy, and if I want to take redundancy they have to give it to me? Is this correct? I have sort of been offered a job elsewhere, so am considering my options.

You can tell them you don't want to take the new role and opt for redundancy yes.

However if the alternative role offered is judged as suitable alternative employment then they wouldn't have to offer you redundancy pay.

Thanks seeyoukay, yes, the redundancy pay bit was what I was wondering about. Also, if it is determined that it would be a suitable alternative (not sure how that is judged), I'd be worried about invoking the clause of paying back enhanced maternity pay - under normal circumstances I can't resign until I have returned for 3 months without having to pay back a pretty large amount of money. Just not sure how all of that squares with my existing job disappearing.

I think if the role is the same responsibility, level and salary then I think you would be hard pushed to say that your old role has gone. Just because they have introduced a new level is not reason enough for you to be in a redundancy situation in my experience.

Thanks Tootlesmummy, would you say there is any difference in the situation where my salary and grade would 'protected' rather than based on the new role? I'd be very surprised if the new role was evaluated formally at the same grade as I'm on now, so I'd have a personal grade (current grade) and then a lower role grade. And my salary would be higher than the top of the corresponding role salary banding.

I would suggest that you ask them whether you would be entitled to redundancy if you did not take the post or some form of financial settlement. They can then give their view on this. How long have you been with the organisation?

Hi, I've been there for nearly 6 years, and my contract is 3 months' notice, so a redundancy package could be a good amount. Ultimately they are looking to save money, so maybe they wouldn't say no to letting someone go who they would effectively be overpaying.

Anyone know what the deal is with paying me for my notice period whilst I am on maternity leave, i.e. would it be full pay?

Sorry for all the questions, I'm keen to find out as much as I can before I say anything to them, in case I end up wanting to stay.

Apusk, I think if your current role was say level 2 (level being the highest) and the role which you would be in when you go back has a role profile which is level 3 albeit that you retain your current salary etc then you may have a case but you'd need to prove that.

Sorry that may not be too helpful but it's difficult to be more definitive without knowing more details.

You would be entitled to the notice period when you are on maternity leave but they would probably pay you in lieu of notice. I would suggest that you try to agree some kind of compromise agreement with them. Calculate how much you would receive with your notice period, your redundancy, your annual leave and your maternity pay and you can discuss accepting this figure with them as a financial settlement.

having read this I'd think your find it hard to prove a case that this isn't a suitable role.

Your grade and salary is protected. Your doing much of the old work. The key here is

"but with more supervision".

This doesn't mean the role is unsuitable. The company could argue that your role has stayed the same. Adding another level of management is not a demotion automatically. Who's to say your boss didn't get promoted. Ok they didn't but you'll have a hard time convincing a tribunal that.

Remember you have to be disadvantaged in some way. This is not about your feelings but about your career progression being harmed etc. If you were a national account manager given a local 2 bit account taht would be different.

Just sticking a dude between you and your boss doesn't cut it in my view.

I agree based on what you've said here, you may struggle to demonstrate that the new job isn't suitable, or is unsuitable enough to justify refusing it.

Salary is protected, lots of the same content, just a change of reporting line, one extra level in hierarchy. Lots of organisations put extra levels in, and it's necessarily not a demotion for people below those levels.

Of course that doesn't mean you can't say to your employer that you don't feel the job is suitable and can you take redundancy instead, and see what they say then take it from there.

What flowery says. I suspect from what you say that maybe they are creating a role for you that they probably either don't really need, or could fill with someone cheaper from a lower grade. Which means they value you, but also means they might be relieved if you give them the option of not trying to shoehorn a solution that might not fit either you or the company itself.

Many thanks for this, it's very helpful. I think the next step will be for the role to be formally evaluated, and it's an independent process, so if it is confirmed as a lower grade that will provide a pretty clear picture.

StillSquiffy, I think that is exactly what is going on - I saw an early draft of the role description and it bears little resemblance to what it has become since they thought about me doing the job.

I guess I need to think about what I want and talk to them - they are generally very reasonable and pragmatic, so it shouldn't be a problem. The problem is working out what I want amidst this bubble of early babyhood!

Good luck. I hope it works out how you want it to and enjoy babyhood, there's nothing quite like it!