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Can they make me go from part time to full time during reorg?

10 replies

megonthemoon · 16/02/2011 09:59

I found out yesterday that there is a reorg at work and the possibility of redundancies. I would be really happy with redundancy to be honest as I've been there a long time and need to do something new.

My role is currently 3 days a week, specially created for me when I wanted to come back part time after DS was born. However with the reorg there are fewer more senior roles in the team, all currently listed as full time.

If they offer me a job am I forced to come back full time, or because I'm now contracted as 3 days a week is it my choice and I get redundancy if I say I don't want full time?

OP posts:
flowery · 16/02/2011 10:22

They can't force you, no. They can refuse redundancy if you refuse a 'suitable' alternative job. 'Suitable' would include being on the same or no less favourable terms and conditions, so a significant increase in hours wouldn't be suitable.

spacedog · 16/02/2011 10:35

Flowery your comment about 'the same or no less favourable terms and conditions' is interesting. In the NHS where I work there is now a clause in the Redundancy policy to say you may be offered a post at a lower pay band if at risk of redundancy and if you refuse it you won't be given redundancy pay-off. Any thoughts about this?

flowery · 16/02/2011 10:36

Lower pay band as in actually reducing the salary?

I would say that refusing redundancy because someone won't take a lower-paid job would be unlawful.

spacedog · 16/02/2011 10:46

It refers to offering them a different post at a lower pay banding of one pay band below their current pay. it's part of out Foundation Trusts's redundancy policy and i've seen it elsewhere also.

flowery · 16/02/2011 10:51

I can't see how that would hold up, if they refuse to pay redundancy because someone feels a pay cut and loss of status isn't suitable.

here about suitable alternatives.

megonthemoon · 16/02/2011 12:05

Thank you - that's helpful. I thought that was the case but just wanted to be sure.

OP posts:
Chippychop · 16/02/2011 12:08

Dont forget its the role they make redundant not the person. So yes your job may be at risk.

Decide how you want to play it...
If you need to work then start having conversations now with the decision makers to say you want to stay and would they consider making a role part time or job share or compressed hours or say you want to go ft if that is what you want

Now is the time to do it as a lot of hush hush conversations start happening IMO. If you are happy to go then mention that too it may make life a bit easier for all and a better exit strategy for you

But they cant make you do anything if its not an exact fit. Alsomif you have mortgage protection check the terms of the policy as some only kick in if you are made redundant and a lot of companies try and make you take voluntary redundancy.

RibenaBerry · 16/02/2011 13:03

Meg - just bear in mind that the devil is in the detail. Whilst I agree with Flowery about suitable alternatives, is it possible that the policy applies to enhanced redundancy payments (i.e. if you refuse a position one pay band below you are still redundant, but don't get an enhanced package). There would be nothing inherently unlawful about that, as employers can put what conditions they like on enhanced redundancy.

megonthemoon · 16/02/2011 13:55

The lower pay grade is spacedog's issue, not mine, fortunately.

I have been planning to leave the job within the next 12 months anyway so redundancy would be perfect as I'd get a package instead of just resigning. I'm currently on mat leave - was going to go back for 6 months to avoid paying back Company Mat Pay and then look for a new job closer to home (we moved out of London just before I went on mat leave). We are currently secure enough on DH's salary that I could leave without the redundancy. So getting redundancy is actually a better situation than what we had in mind, and I'd quite like to ensure I get it, hence wanting to be clear that I can still get redundancy if they offer me full time.

OP posts:
RibenaBerry · 16/02/2011 16:26

Oops, sorry, mixed up my posters!

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