Widowed and facing redundancy or a demotion

[frenchvanillacoffee]

Some advice required from legal / HR specialists.

I was widowed a few months ago. I’m fairly young and have kids. My employer has been amazing and very supportive to date. Due to go back soon.

My manager has informed me the department is going through a restructure. The role they have in mind for me is a grade lower (which means a significant change in terms of my benefits - most of which are financial). Either that or take redundancy.

I asked about my current role and was told ‘it’s evolved to a bigger role which is full time only (on the same grade)’. I wasn’t offered it.

My questions are:
-should the evolved role have been offered to me?
-can they argue that the new role is not suitable for me as I’ve asked to return to work part time?

• I’m 95% sure they have someone else in mind for my

current / evolved role. (which is the role I was always in line for in succession planning). Is that allowed?.

• I know I have to consent to a demotion but are they able to do that and tell me my only other option is redundancy?
• is this potential constructive dismissal?

Based on these questions and the info provided, what are my options as an employee facing consultation? If I say I want to be considered for the newly evolved role - can they make me interview for it and then give to the newly recruited person?

We had agreed a phased return for me on a work pattern that would work for me (I have this in writing) - can they use that against offering me a full time role?

Can they force me to make this decision whilst I’m so vulnerable ? Where the result is - you can’t keep your job on your grade?

These decisions are super important now I’m a single parent that has to provide for two kids and I don’t want to rush anything. Altho I think I’ll be forced too.

to add - I just cannot believe that within a space of less than 3 months I’ve lost my husband, become a single mum and now potentially facing redundancy.

I don't have any solid advice as I don't know enough about the situation you are in to offer any. I just want to say I am very sorry you are going through this and I really hope everything works out ok 💕.

You should speak to ACAS. I didnt think they could demote you like this but i may be wrong. So sorry you are going through this, its the last thing you need.

Well the role exists or it doesn’t. A person isn’t made redundant, a role is. So is it a restructure or not, is the question I would be asking.
have you always worked part time, or are you going back part time post bereavement?

Bumping for you. Hopefully an expert will be along. Second the suggestion of ACAS.

Sownload reddit make anonymous account and ask on hradviceuk or askamanager sun reddits.

Rubbish situation, hope you get some answers.

I would call their bluff.
You've spoken your manager, you understand your role is moving to F?T and you'd like to understand what the role fully entails.

I’m sorry for your loss and the difficult time.

They’re not being clear and as another poster has said, people aren’t made redundant, roles are.

So role A (your job) no longer exists because they think it can be done by role B (more senior) and role C (less senior).

The key terminology is suitable alternative employment or just alternative employment. The person who got role B - if they were previously in a different role that identified B as suitable alternative then they can drop that person into it. If they were doing role A alongside you then a pool should have been looked at.

Redundancy is complex, but it’s their job to explain it to you, so I would be asking for the role descriptions for A, B and C and how they looked for suitable alternative roles. ACAS will help a bit but will want detail around what I’ve stated above to advise.

I think that you should tell them you're excited to take the enhanced role and happy to work full time and see what they say.
it does sound like they'd prefer you gone though. What redundancy package are they offering? Might be an opportunity to negotiate an enhanced package ?

An increased need for a role (e.g. a full time role, at your current pay grade replacing your current part time role) isn't a valid reason for redundancy - there's no reduced requirements for your role.