Restructuring and redundancies

[thatfriskyfeline]

At work we are currently going though what is advertised as a restructure with no loss of head count. However, redundancies are part of this restructure so they are talking absolute bollocks and of course the grapevine is buzzing manically. Currently one department are going through it. The people affected were given their letters on Monday, and the consultation period has started today.

Now, in this restructure 7 jobs are being replaced by 5 or 6 new roles. However, the 7 people involved DO NOT get a say in which newly created role they would like to be considered for.

This to me sounds absolutely crazy and perhaps not legal? I appreciate business needs come first, but not giving people an real choice (other than a like it or lump it if they don't like the new role they've been selected for) would mean that you could have an argument for constructive dismissal?

What doesn't help is that the MD was in the affected department yesterday and loudly proclaimed how well we are doing financially this year

Apologies for the errors, am on my phone and having to be discreet...have also name changed as this post is rather identifiable.

Oh, frisky this is shit, isn't it?

Our council are doing the same, a whole department was given their three month redundancy notice on Monday.

The union has been involved in negotiations, and I am thinking that the people affected may be offered some sort of other post elsewhere, where the council is short of staff. Of course, maybe not the same hours guaranteed.

Has the union been involved with your company, frisky? Perhaps make an appointment with Citizens Advice to find out about employment law, and the correct legal steps that companies need to follow?

Sorry I can't help any further but hopefully someone with knowledge will be along soon. and and

I believe one of the affected people is part of a union and is involving them. That's as much as I know. I think the next step is ACAS.

What's taken me by complete surprise is this lack of say in what new role you are considered for. It smells of premeditation we have an idea whom they are trying to get rid of and the redundancy/restructuring process is just used as a way to make people believe it's all above board and fair.

I'm very lucky that I'm not directly affected yet??. However, the total inability of the company to admit they are downsizing is having a real effect on morale. I feel so desperately sorry for those involved and wish the company would grow a pair of balls. We aren't stupid. And at this rate good people will leave because they have lost their trust in senior management.

It's not constructive dismissal. However if someone is made redundant and there was a vacancy available which may have been suitable and which they were not given the opportunity to apply for, they may have an argument that their selection for redundancy was unfair.

On what basis are they saying that 7 replaced by 5/6 isn't a reduction in headcount?!

I don't think that they have to give you a choice of roles - just make you a reasonable offer.

This just happened to my company and to me personally. I was offered a replacement job.

I got a lawyer's help and we picked holes in the new job in terms of suitability for me, and in the process they'd followed. They refused to discuss redundancy or even use the word, but we came to an agreement ie they chucked a bit of money at me to make me shut up and go away. And paid my legal costs as part of the deal.

In my case I'd been half of a mind to leave anyway, so this just sort of made my mind up. Obviously if you don't, ideally, want to leave then you may want to proceed differently. But I can't recommend enough a lawyer's advice.

On what basis are they saying that 7 replaced by 5/6 isn't a reduction in headcount?!

Your guess is as good as mine, flowery.

Sapphire, I'm sorry to hear you had to go through that. Glad the lawyer helped though. I think the union would equally cause some consternation in HR. I certainly hope it does.

they chucked a bit of money at me to make me shut up and go away

I really do see that as an admission of guilt, but understand you took it given the fact you were already open to leaving.

Oh, it's fine, frisky. I'm quite happy about it. But thanks.

My workplace's union was hopeless, although I am willing to believe some are better.

It was ABSOLUTELY an admission of guilt. They screwed over several people who didn't make a fuss, but they rolled over astoundingly quickly when they realised I was serious enough to have set a lawyer on them.

On what basis are they saying that 7 replaced by 5/6 isn't a reduction in headcount?!
Your guess is as good as mine, flowery.

This is the kind of thing that needs to be made crystal-clear. Can you/the union put pressure on them?

It's a bit tough. You see, I am not in a union, nor is it my job which is on the line. So what can I do, really?

I absolutely agree with business needs. I also agree that we need a shake up in certain areas. My issue is the way the company are handling it. But given that our HR director is a total and utter cockwomble who can lick arseholes manage upwards, but looks down on anyone below him, it all feels a bit pointless. I'm not exaggerating when I say that no one below him likes him. Quite literally no one.