at risk of redundancy - have no idea what my rights are

[clothinghorsey]

I have called ACAS but tbh they weren't much help at all.

I have been with my employer for 3 years in a relatively senior role, I work part time and even to me it's become apparent that there's no way the role can be done part time (but I do not want to increase my hours). It was a new role and it's also become apparent that there are several other things needed from the role that weren't in the original JD and that aren't my skillset. I accept this.The business wants to create a new role which is full time and encompasses these extra skills and therefore my role wouldn't exist any more. I don't have the skillset for the new role, there'd be no point applying, and it's a small company. My employer has said they would be open to me carrying on doing one specific part of what I do in a standalone role (say for example they want to recruit for a Finance and HR Manager, they're happy for me to continue doing finance), but this would effectively be a demotion as it would be at a lower salary. I currently sit on the senior management team, and the new role would sit on the senior management team, but any role they would offer me wouldn't and therefore wouldn't pay as much.

This doesn't seem legal to me but I have no expertise or knowledge in this area and I don't really understand my rights and can't afford legal advice. Does anyone have any words of wisdom?

It sounds like they have said your role is redundant and that this new role is a suitable alternative. It sounds like you don't think it is. Would you prefer to take the redundancy pay?

I'm not convinced this isn't indirect discrimination. If you are doing 50% (say) of the role's requirements then surely the answer is to recruit another pt worker to do the other 50%? Re-jig the JDs and there you go. This feels like it's about you being pt rather than that they need new skills in-role.

So essentially they are restructuring creating a new role with part of your job but also new tasks and responsibilities. As a result your current role will not exist in the new structure.

This does sound like a potential redundancy situation. www.gov.uk/redundancy-your-rights

As it is just your role that is potentially being made redundant the rules are less prescriptive or have shorter time scales. They must consult with you, take a TU rep. The link above sets out your rights, be clear by asking questions to clarify where you currently are in the consultation process.

The first step in a redundancy situation is to look for ways of avoiding redundancy. Job matching is one method and it sounds like this has been considered but found to be not appropriate as there is a significant part of the role you can’t do.

I do not believe this new role they are proposing for you is lawful as it seems to be your old role with a few elements being moved to the new role. Any alternative role should be the same level (status and pay) not a demotion. www.gov.uk/redundancy-your-rights/suitable-alternative-employment

As part of the consultation you can suggest reasonable alternatives. Have they considered advertising for a job share/HR role part time?

If they are saying new role HR & Finance is FT plus they are offering you a Finance role PT then they have more than 1 FTE post to fill if they make you redundant.

If assume you do 3 days (0.6 FTE) Mon-Wed and they want 5 days (1.0 FTE) they could appoint an HR person PT who works either 3 days Wed-Fri (0.6 FTE) or 5 x 5 days a week (0.67 FTE). Yes this becomes a 1.2 FTE post but it’s less than 1.6.

As a finance person you can work out the costs of you retaining your job and creating a job share. Model a couple of options and present them with benefits of 2 people sharing a job.

HTH

I'm not in finance BTW, that was just me giving an example.

And I'm not in a union so no union rep.

They say it wouldn't work as a job share as the role would be line managing a few people.

My understanding is that any alternative job you get offered doesn't HAVE to be on the same terms but if it is on less favourable terms then it is your right not to accept it and take the redundancy pay instead.

Hi OP, talk to a solicitor asap. Most will give you a free initial consultation, and can then advise re next steps/legality of situation etc. (I was made redundant earlier this year, so can give you the name of a solicitor if you DM me.) The really important thing is that when they give you a chance to put your case (as to why your role shouldn’t be made redundant), do so; if you don’t, and just accept what they’re saying, they will simply continue down the redundancy route, and may then only offer you statutory redundancy pay (which isn’t much). If you make a case for why you shouldn’t be made redundant, though (even if it’s not realistic), they’ll be much more likely to offer you a (more generous) settlement. Either way, I fear that if they’re set on making your role redundant, you’re not going to change their minds — so it’s about getting the best deal for yourself that you can… But please talk to a solicitor asap!

Missed Finance/HR was an example.

Job shares can manage staff effectively, I’ve known senior roles with a wide span of management be done as a Job Share - it’s just a cop out answer.

The gov website provided above is a good overall guide. Do you have an Employee Assistance Programme as part of your work offerings, they usually have some form of phone based employee legal support you can access.

If the revised role was deemed a close enough fit it might be worth trying (you should have a trial period and retain right to redundancy pay if not working). They may also offer to keep your current pay but you not get increases until the lower grade catches up. There should be a consultation period to review all options.

I work with an organisation with two pt job-sharing 'heads of' who share line management. It's perfectly possible.