Redundancy as a result of restructuring - advice needed please!

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Last week I received a letter from my company saying that as a result of restructuring my job is being made redundant.

There are a few alternative jobs to apply for which are basically a result of my job role being split into three different roles. There aren't enough new posts to cover all the existing staff though so there will definitely be some redundancies as not everyone will be successful in securing one of the available jobs. One of the alternative jobs is very similar to my role, but with probably about 30% of the other parts transferred into other roles - is this enough of a substantial change to be legally considering the existing job as redundant?

To add to my worry - I am pt and they are advertising the new roles as X-fte roles - as I am pt do they have to accommodate me in future roles? Or do I have to find pt workers to apply for a job share? How can I ensure I am not treated less favourably then my ft colleagues?

Also the new jobs haven't been given a pay scale and I am expected to apply for jobs blindly. We have been told that once the restructured jobs are filled they will be evaluated and then won't drop more than one grade. I also haven't seen what the overall restructure will look like - senior management hasn't been confirmed so it is hard to get a picture of what the restructure will look like.

In terms of T&C's - can the alternative posts be at a lesser level than the current T&C's?

Can they start issuing redundancy letters when they haven't made the final picture public to all staff?

We have also been told we can apply for voluntary redundancy but have to do that before the final detail for the new jobs has been agreed - I don't see how I can consider applying for voluntary redundancy if I don't know what my current opportunities are.

Can anyone confirm if what my company have done is in fact a right royal nightmare - they are in a rush to restructure due to new contracts so I'm not 100% convinced that they have followed the right procedures.

Thank you in advance wonderful HR bods :)

Bump

Does anyone think it would be worth seeing an employment lawyer to have a look at the process followed?

If your company does not have policies relating to redundancy, it may be worth visiting the direct.gov and ACAS websites first, before referring to lawyers.

They don't have redundancy policy that I can find and they are saying they are restructuring rather than making people redundant - I don't think that's quite right as surely if people are at risk of redundancy then its a redundancy situation resulting from restructuring.

I've looked at acas guidance and there hasn't been any consultation period with staff re: restructuring.

Not quite sure what to do?

Your employer is restructuring. As a result they will need fewer staff so there will be some redundancies. If there was a role in the new structure which was identical to your existing role, you were the only person carrying out this role currently and you weren't given the new job you could certainly argue that it wasn't a genuine redundancy. However, your job is being split into 3 and the closest match is still significantly different to your current role. Without seeing all the details that sounds like a genuine potential redundancy situation.

They are not allowed to treat you less favourably than full time colleagues. If you think this is happening you need to take it up with them. If they make all the part timers redundant this may be sex discrimination on the grounds that most part time workers are women.

Any alternative employment offered can have lower terms and conditions than your current role. However, waiting until the jobs are filled before determining the pay grades sounds a bit off. One of the requirements is that you must be given enough details about the new job so that you know what the difference is between it and your current job. That includes knowing how your terms and conditions will change.

If they are sending letters saying that people are at risk of redundancy that sounds to me like they are starting the consultation. Details should not be finalised until the consultation is over otherwise the consultation is meaningless. After all, the goal of the consultation is to see if there is any way of reducing the number of people made redundant or avoiding redundancies completely. If the new structure is already set in stone no amount of consultation will affect the number of redundancies. If there are fewer than 20 people being made redundant they must consult with you individually. If there are 20 or more people involved a more formal consultation is needed.

If they are sending letters giving notice of redundancy without having consulted that is another matter.

If they make you redundant without following the correct process you may have a claim against them for unfair dismissal and possibly also for sex discrimination.

Thank you prh - very useful info.

Basically the letter says that my post has been made redundant, I am at risk of redundancy and can apply for one of the new identified posts in the new structure. Obviously if I don't get one of those jobs then I will be made redundant which is quite straightforward.