Restructure - Advice Please

[Schoolhelp23]

Hi,

Some advice needed please!

Restructure. 3x depts merging, 3x Managers all at Level 6 Grade, only 1x Level 6 Grade available in new structure. If 1x Manager applies and the other 2x Managers opt for voluntary redundancy, could the employer potentially still slot one of the 2x Managers into the role (and reject the one that applied)?

This is just my opinion, it's been yonks since I dealt with voluntary redundancy in the public sector, so things might have changed. But, technically I think they could do what you have described, on the basis that voluntary redundancy is voluntary on both sides. They might be able to argue that the manager applying isn't suitable. For example if the role that remains requires fluent German language skills and the person applying doesn't speak a word of it, or if a specific qualification is needed an the only person who has it has asked for VR. In those kind of scenarios the business could make a case for refusing VR to that person.

The question then becomes what do they do with the person who applied but didn't get the job, and who didn't want redundancy. That could potentially be a compulsory redundancy situation.

I would strongly suggest some employment law advice, if you think you are going to be in this situation, either from a union rep, or an employment solicitor. Your home insurance might have legal cover if you don't have union membership.