Re-applying for your own job - is this the same as redundancy?

[Mercy]

What happens if your job is downgraded and you can't afford to/don't want to apply for it?

Isn't this a bit of sneaky way of getting someone to leave without having to go down the redundancy route? Or have I got it wrong?

Any advice needed asap, thank you.

Sounds sneaky to me.

google ACAS and have a look at their advice on employment law. See if www.tiger.gov.uk still works - think there's a link to where they've moved all the legal stuff

If your job is downgraded, that's usually redundancy anyway, without the having to apply for it - the position you occupied does not exist any more.

I think it depends on whether the new post would be considered a reasonable alternative, what protection plans are in place etc. Flowery would I am sure have the answer here. The key thing to check is the companies re-organization policy (or similar) if this is happening as a result of organizational change (ie not just to you), or their redundancy or redeployment policy if not. In the public sector there is usually some degree of protected salary in these cases, but if you reject a reasonable offer then you would be considered to have resigned, I think rather than be made redundant.

in certain circumstances an employer can downgrade a job without it being classified as redundancy eg reorganisation/closure etc

do you mean competitive interview?you and other candidates are interviewed for your existing post?

are you public sector?NHS? many nhs trusts are in flux at the mo with foundation ststus and cash savings

would staff affected by change be applicable policy as would pay protection based upon time with your employer.

is it a re-organisation of depts/roles leading to downgrading of post

what paperwork information has your employer given you?

are you in a union - if so see them

Look at ACAS webpage

hope you are ok

public sector try to avoid redundancy -last option only.they will offer redeployment, pay protection but no automatic route to redundancy. you need to review what offers they are making, there are circumstances in which you can refuse but be aware straight rejection of a post is considered making yourself unemployed

you can remain employed by a nhs trust even if you individual post does not exist.

Mercy I think we need to know a little bit more about what you've been told. Do you have a redundancy/restructuring/reorganisation policy or similar where you work? What does it say about alternative work?

Have you actually been told that redundancy is not available as an alternative? If this job would mean a pay cut (would it? or is it a pay freeze), then that wouldn't be a suitable alternative in a redundancy situation and refusing it would not jeopardise your redundancy pay.

But we really need to know more.

Thanks everyone (I've been looking at various websites for more info!)

It's dh who thinks this may happen. He is employed by the LA and part of his job is to supervise a small team, that team will soon be transferred to a private company. He thinks the remainder of his job will either be given over to one or more senior colleagues or his job description will be revised and downgraded, and that he will have to reapply along with other candidates.

He has been involved in meetings to discuss the transfer of the team but he and the other more senior person were recently asked to leave for 'part 2' of a meeting. He hasn't been told anything about his role once the new set up is in place.

Sorry if I'm being a bit vague, I've had to leave a few details out. And tbh I'm annoyed with him because apparently he cancelled his union membership a while ago and also he hasn't actually asked the overall manager about his role following the transfer of the team (there is a deadline for this)

Mercy I would think if your DH works for the LA there is probably a fairly robust policy in place for this type of restructuring. I would also be astonished if they expected him to take a pay-cut, even if his job was revised and down-graded, as ScottishMummy says, in the public sector pay would normally be protected.

Sounds like they are not communicating what's happening brilliantly, but obviously if your DH is able to ask he must do so and get some more detail.

Although your DH is not in the union are they not involved in this anyway do you know? Perhaps he has a colleague who is still in the union who could find out what their position is on this restructuring?

I know someone going through a similar thing - also working for an LA.

If they get one of the restructured jobs (at a lower salary) their pay is protected for 6 months, then for another six months they keep half the difference, then they go onto the lower salary.

If they don't get a job they have 3 months to find another one in the LA, then it is redundancy.

Obviously this is specific to this LA!!!

rejoin union they will only represent members

So, he needs to have a sit down with his manager and talk to HR. He needs to look at his LA's reorganisation policy as it will set out the rules that the LA will be following. These things can sometimes be a great opportunity, but you have to be proactive.

rejoin union.
get a strategy.
be procative.
familiarize self with policies and how dh is affected

this must be VVStressful for you

Thank you for advice and reassurance everyone.

I told dh to have a word with the overall manager and they had a brief discussion late yesterday. It seems various job descriptions are being looked at and updated; they have arranged a meeting to discuss his next week - tbh I doubt there is any possibility of redundancy or downgrading as the manager wants everything in place by 1st September. Dh has also applied to rejoin th union.

[relieved]

Sounds a bit better and always better to feel more informed rather than wondering what on earth's going on and imagining the worst.

Pleased to hear he's rejoining the union, definitely a good idea especially while anything like this is going on.

Hope it all works out well for him.