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Redundancy by stealth?

2 replies

mylittleyumyum · 07/01/2022 10:59

I have worked in a small time doing a niche role for over 4 years.

3 months ago we were asked to 'help out' in another department. This coincided with our line manager going long term sick, and the 'request' came from operations.

The request was informal but we were essentially told our own positions were being placed on hold and this wasn't so much as a request as an order. To help out for a few weeks until staffing levels in the department were resolved.

We are still doing this, our own jobs look like they have become redundant but we are not being told this. We are being told to 'hang in there' and have been every time we mention this.

Our contracts basically state that we can be moved to any department at any time based on business needs. Am I right in saying there is absolutely nothing we can do?

The job we have been asked to do is stressful and demanding, and difficult to do from home. We have now been counted in the numbers for this department when it comes to holidays, where before we could work it between ourselves.

There are various other issues arising as a result of this role.

I believe they are working in the background to phase out our previous jobs but we are being lied to.

Not sure how to proceed.

OP posts:
maxelly · 07/01/2022 14:42

It's not right to say there's absolutely nothing you can do, no, but it is a tricky situation for sure. Thing is, do you want to be made redundant or is having some role, any role more important to you than what job it is? How similar are the two roles, the 'temporary' one you are doing now and your niche one, clearly you have the skills to do both and you don't mention any reduction in pay/grade for 'helping out' the other team - would that job normally be paid less than you? What does your contract/terms and conditions/staff handbook say about redundancy pay? The answers to these questions would determine my next steps.

Basically your employer can't just insist you permanently change jobs to any other role in the business without consulting you regardless of that line in your contract (would be potential breach of contract and possibly constructive unfair dismissal if they did), but that doesn't necessarily mean kicking off a big stink will mean you can just simply go back to your old jobs, if your suspicions are correct that they don't need/want your old job long term then they may choose to go through a consultation process with you (which wouldn't necessarily have to take a long time to complete) which could have one of two outcomes, either they formally say the new jobs are suitable alternatives for you (key factors in this include are the skills and responsibilities similar, is it the same pay and status, are the working conditions the same) and so those are now your jobs permanently (sounds not like what you want) or they may agree they're not the same and you are indeed redundant, which can be a good enough outcome if you've been there a long time or have good redundancy provisions but most small businesses don't pay more that statutory, if so even as you've been there 4 years you'd only be looking at one month's pay (roughly) plus your notice period (which they might require you to work) so you wouldn't necessarily be getting huge compensation.

So basically, yes it doesn't sound great what your employer is doing and you have my sympathies, but I'd tread carefully and maybe try and approach it tactically, if what you really want is your old jobs and ways of working back you are probably one way or another going to have to convince the business owners of the value of those jobs in these tough times and perhaps try and ride out this annoying temporary situation in the meantime (perhaps if the staffing crisis eases at all make the case for going back to old jobs at least part time?). And perhaps look into other roles in the meantime, you know your boss best as to whether making it clear that's what you are doing would help, s/he may not want to lose you and may be prepared to strike a bargain to make sure you don't leave, or for some that would be red rg to a bull so tread carefully!

mylittleyumyum · 07/01/2022 15:10

Thank you so much, that is very helpful.
The temporary position is a job I have the skills for, it was an entry level role and I can do it with my eyes closed but it's soul destroying and relentless. Our wage wouldn't be lowered, but this is little recompense - I don't want to lose my title.
Our work and input was valued, whereas this other role is just 'firefighting' and not in anyway addressing the issues the company face at the level we were tasked with investigating. (Along the lines of business improvement)

I am looking for another position at the moment, I have lost trust in my employer as they clearly aren't being straight with us and using us to plug up a staffing gap instead of training and paying more people to come onboard. I think the role we were in was uncovering some uncomfortable truths.

OP posts:
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