Change of job description, not matched, redundancy!

[TechnicallyLegal]

I am employed as a Senior ICT Technician. My current job description doesn't really fit the role I perform very well, it never really has. I have previously asked for reviews, but these have never been forthcoming.

My employer is now making fundamental changes to the job description to upskill staff, and to accommodate the changes needed for the department to keep abreast of things. In other words, do what I do now, plus take on new tasks which I don't. These involve new technologies mainly.

Part of this process is to match current job descriptions against new job descriptions. If we match, we move into the new roles, if we don't...

Well, I find out this morning My current job description doesn't match the new role enough and thus, I am under notice of redundancy. The upskilled role is ring fenced, and I can apply for it, but as I do not (yet) possess all the skills required for the revised role, I don't think I stand a chance of securing it. It will then be advertised externally.

I am in a trade union (ATL) and I am seeking advice, but would like to glean as much info as I can from other sources too.

The 'new' job, is without doubt part of what I do now, but does require other skills which I have some experience of in other roles, but not this one. The new job description does state "training will be provided" so this suggests whoever goes into that role, who doesn't have the skills, would be trained.

How can my employer make my job redundant, when it still exists in part, but is becoming enhanced over and above what it is now? They are doing so based on the fact my current job description doesn't match enough the new job description.

If they want to upskill the role, and alter the description so that it better reflects the needs of the business, how does the role become redundant?

[teaboy2]

Re: Change of job description, not matched, redundancy!

Its perfectly legal, they are making your role redundant, and incorporating the duties performed under your role with that of another role!

Just because your role is made redundant doesn't mean the duties under your role cease being required duties vital to day to day operations.

Its legal because they will also be reducing their staff levels by merging your role with another role that requires the additional skill sets! So its a economic decisions and perfectly legal.

Its not just yourself being made redundant is it as likely others are also being made redundant too? or is it just yourself being made redundant?

I suggest you apply for the new role!!

[TechnicallyLegal]

Re: Change of job description, not matched, redundancy!

As the role I currently perform isn't matched on a job description basis, does my employer not have to offer me the new role as a suitable alternative? I am not unmatched on skillls or ability, simply that the current job description doesn't contain some of the criteria of the new one, i.e. working on call out of hours. The current job description matches in respect of 'doing' the job, i.e technical tasks, so my ability to perform the role can't be bought in question as I am matched in my current role in that respect, but not matched on new criteria in the new role. If that makes sense?

I am puzzled as to why I would need to apply for the new job on a "competency basis" when how I do my current role is not being bought into question, it is simply that my employer has added certain criteria to the new role which isn't included in the existing one, thus the role is redundant.

[TechnicallyLegal]

Re: Change of job description, not matched, redundancy!

As the role I currently perform isn't matched on a job description basis, does my employer not have to offer me the new role as a suitable alternative? I am not unmatched on skillls or ability, simply that the current job description doesn't contain some of the criteria of the new one, i.e. working on call out of hours. The current job description matches in respect of 'doing' the job, i.e technical tasks, so my ability to perform the role can't be bought in question as I am matched in my current role in that respect, but not matched on new criteria in the new role. If that makes sense?

I am puzzled as to why I would need to apply for the new job on a "competency basis" when how I do my current role is not being bought into question, it is simply that my employer has added certain criteria to the new role which isn't included in the existing one, thus the role is redundant.

Anyone? This is an incredibly worrying and stressful time for me, and as you can imagine, I need answers thick and fast. Sorry...

[TechnicallyLegal]

Re: Change of job description, not matched, redundancy!

As the role I currently perform isn't matched on a job description basis, does my employer not have to offer me the new role as a suitable alternative? I am not unmatched on skillls or ability, simply that the current job description doesn't contain some of the criteria of the new one, i.e. working on call out of hours. The current job description matches in respect of 'doing' the job, i.e technical tasks, so my ability to perform the role can't be bought in question as I am matched in my current role in that respect, but not matched on new criteria in the new role. If that makes sense?

I am puzzled as to why I would need to apply for the new job on a "competency basis" when how I do my current role is not being bought into question, it is simply that my employer has added certain criteria to the new role which isn't included in the existing one, thus the role is redundant.

Anyone? This is an incredibly worrying and stressful time for me, and as you can imagine, I need answers thick and fast. Sorry...

[teaboy2]

Re: Change of job description, not matched, redundancy!

If there is a suitable alternative position then yes they have to offer it to you or offer for those facing redundancy to apply for it. The job description doesn't need to be a precise match, it may merely be similar, which from the sounds of things it only difference is the on call work!

[TechnicallyLegal]

Re: Change of job description, not matched, redundancy!

If there is a suitable alternative position then yes they have to offer it to you or offer for those facing redundancy to apply for it. The job description doesn't need to be a precise match, it may merely be similar, which from the sounds of things it only difference is the on call work!

We have been offered the option of applying for it, but do they not have to offer it to us, and not put us through redundancy/interview? Two roles are going, with two new roles being created (same roles, different job description).
I asked "can I ask if [my employer] will be offering me suitable alternative employment in the event of a redundancy situation as the new role is not dissimilar to my current one"

My HR manager has replied :

"the new post has been considered too significantly different from your current role for that to be offered to you"

... yet on my current role, the only things that were considered different making the role redundant were things non-technical and/or not specifically defined in the current job description. Thus, I clearly have the technical ability/aptitude to perform the new role (which is pretty much the same role as I have now save a few enhancements to the job description itself).

Some of the actual differences were things like on-call work (my current JD mentions out of hours work but does not define when), CPD (that my current JD makes no mention of training or CPD), 'mini-projects', working as a team, sharing of information. One other mark down was that the resolutions and fixes to technical issues need to be recorded so information is shared between the team - my current JD mentions "keep appropriate records". How these mark downs can mean a "significant difference" to the current role is perplexing.

My understanding was that it was the job descriptions that weren't matched, making the role redundant, not what you do? What I can do, or have the ability to do, has not been called into question, so am at a loss as to why I am not being offered the new role.

[teaboy2]

Re: Change of job description, not matched, redundancy!

If they have invited you to apply for the new roles, then you need to apply for them otherwise they can say we offered you the option to apply for the new roles but you did not, therefore the redundancy was fair!

Whats CPD? Maybe the need for training on that is what makes the role significantly different especially if you don't have the skills set for CPD, as their maybe costs involved in training you for CPD.

[TechnicallyLegal]

Re: Change of job description, not matched, redundancy!

If they have invited you to apply for the new roles, then you need to apply for them otherwise they can say we offered you the option to apply for the new roles but you did not, therefore the redundancy was fair!

Whats CPD? Maybe the need for training on that is what makes the role significantly different especially if you don't have the skills set for CPD, as their maybe costs involved in training you for CPD.

CPD is "Continued Professional Development". In other words, keeping up-to-date with technological advances, qualifications etc. That is the only significant difference I can gauge, as everything else I do.

Yes, I will apply for the role, but it puzzles me why I would have to when I can clearly do the role from an ability aspect, it's only my current JD which is significantly different, not what I actually do.

However, my HR manager has since replied that the roles were :

"judged significantly different to your current role and therefore why you haven’t been matched to the role"

Why 'I' haven't been matched to the new role?

[teaboy2]

Re: Change of job description, not matched, redundancy!

CPD is "Continued Professional Development". In other words, keeping up-to-date with technological advances, qualifications etc. That is the only significant difference I can gauge, as everything else I do.

Yes, I will apply for the role, but it puzzles me why I would have to when I can clearly do the role from an ability aspect, it's only my current JD which is significantly different, not what I actually do.

However, my HR manager has since replied that the roles were :

"judged significantly different to your current role and therefore why you haven’t been matched to the role"

Why 'I' haven't been matched to the new role?

Probably due to the fact the job description currently in your contract doesn't match fully what duties you perform. Its that job description they are going by, though you should point out that you still carry out the the same or similar duties that are listed as the duties under the new role, and therefore if you have been doing said duties for 12 months or more then due to custom and practice your job description has changed to include said duties as implied terms of your contract! Therefore it is a suitable alternative role and closely matches your current role and duties!