Change of Job Role

[Luimneach73]

To summarise a very long series of events:

I've worked for a company for 6 years. 2 years ago they made my role (A) redundant. The company job matched 8 of us to 4 new roles - Role B.

Most of the team wanted to go anyway, so only 4 of us applied for role B, which we all got. None of our T&C's were changed, but a new JD was provided for role B.

They are now proposing that the 4 of us in role B change job role again to a new role C.

I'm putting my foot down this time and saying I refuse to transition to role C. They claim that they can do this under my T&C's. I've checked these, and while it mentions they can ask me to do "other duties" it does not mention a role change.

To add insult to injury they "created" Job A again six months after making us all redundant from it, and without advertising the role just stuck one person in it.

I'd be happy to take voluntary redundancy as both role B and role C are menial compared to Job A. However, they are not interested in offering VR, so my choice is leave without VR, formal grievance or legal.

I'd welcome any other views.

What’s happening to role B?

Good question. I've asked are they making role B redundant, and they haven't been clear. It's "no longer needed" due to a change in how they want to operate.

I think that's the crux really - if role B is being make redundant, rather than being varied to a role C, then I think I have a good case. The JD for role C isn't yet available, but I suspect it will be about 50% of role B, 40% new duties and maybe 10% of role A.

The mental stress of this over the last two years has badly affected my physical health. I'm inclined to just go "sod it" and walk but conscious in the current climate that VR gives me a finincial cushion for 6 - 9 months.

If role B is redundant, then whether you are entitled to redundancy pay will depend on whether role C is a ‘suitable alternative’. This must have no less favourable terms and conditions, and be suitable for your skills.

If it’s a restructuring of roles, and the new roles is 50% the same as your current role, 10% stuff you’ve done before and 40% new, it may well be difficult to argue redundancy is due, or that the changes can’t be made within the context of your contract, although this depends on the wording. It’s not a completely new job, by the sounds of things.

Thank you for responding. The T&C's will remain the same.

There are probably too many unknown variables at the moment. Whilst the skills I'll be using in role C are similar to role B, the purpose of the role is pretty different. But you are right, it's whether a reasonable person would call it a suitable alternative.

I'd sat on the fence when job A was made redundant, really unsure whether to take VR or not. It's a decision I now deeply regret.

If the job role changes by 33%, then I think it is classed as a new job I think.

”If the job role changes by 33%, then I think it is classed as a new job I think.”

There is no such rule.

Correct, there isn't such a rule, though my company errs on the side of caution and our HR dept are wary of any changes over 50%.

I got a bit more information on role C today, and it really is a vastly different role. It'll use some of the same skills from roles A and B, but it's purpose is nothing like either.

I'm hoping that they will be sensible and agree to a VR. They could easily employ someone else on -20% of my salary for role C, and claw back any redundancy to me within a year.