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Organisation restructure / potential new job questions

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  • Organisation restructure / potential new job questions

    Hello all,

    I work in a middle management position for a largeish healthcare company and have done for 5 years. We have recently had a new General Manager join who I report into. My role is unusual in the organisation, and in a recent 1 to 1 he told me he would be beginning a process of restructuring the organisation, and he talked about another job (a sideways move for me) which he wanted me to take. We discussed this and I asked what would happen if I decided I didn't want the new job, would I continue doing my current job or would we be having a different conversation? He confirmed we would be having a different conversation. I took this to mean redundancy.

    I know that if I take the new role he's suggesting another person (the current incumbent) would either be made redundant (they're changing the scope of the role slightly) or moved into another job, but I also know these discussions haven't happened yet, and any consultation is not timetabled until the middle of June. Of course if I say I don't want the role they may decide to keep the current incumbent.

    My boss asked me to confirm if I wanted the new job, and I did via email. I have not seen a role description or any change to my contract, or even had a discussion with him which defines the role clearly (he has said he wants me to continue with some of the projects I am currently working on but not which ones) so from my perspective this is a statement that in principle I'm keen on the role, depending on the actual definition.

    In an ideal world I would not take the job as I know it is not something I really want to do, but as the main breadwinner I couldn't immediately enter the redundancy discussion as in the past it has taken a long time to find a suitable job where I live.

    However, I have been looking for jobs and am at final interview stage with another job at the end of this month. If they offer me the role, it is quite likely I will accept.

    I have a question based on the above scenario:

    1) If I tell my employer I have decided the new role is not for me, and go through the redundancy process, am I obliged to tell them about the other job offer (it is with a competitor)?
    2) I have a non-compete clause in my contract (wording at the bottom of the post) - does this still apply in the event of redundancy, even if I am already in the process of being recruited by a competitor?

    My ideal solution would be one in which I get a redundancy package, a colleague is not made redundant, I am not forced into gardening leave but can have a reasonable handover. Thank you so much for your thoughts and insight.

    This is the non-compete clause:

    Restrictive Covenant

    Following the termination of your employment, you shall not:

    Use or disclose any confidential information relating to the business or financial affairs of the company to any person, firm, company or any other body so long as the information remains confidential.

    For a period of three months engage whether jointly or as a principal partner, agent, director, servant or consultant or any person, firm, or company directly or indirectly in competition with the business of the company or any associated company without the prior written consent of the company.

    For a period of six months endeavour to entice away from the company any employee who was employed at the time of the termination of your employment provided that this restriction shall only apply to employees with whom you worked in the last twelve months of your employment.
    Tags: None

  • #2
    Re: Organisation restructure / potential new job questions

    [MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION] ... another one for you maybe??
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Organisation restructure / potential new job questions

      Thanks for flagging the post. I have had a look through the forum before posting but haven't found anything covering this scenario.

      Comment


      • #4
        Re: Organisation restructure / potential new job questions

        Originally posted by omikin View Post
        Thanks for flagging the post. I have had a look through the forum before posting but haven't found anything covering this scenario.
        Hopefully one or both of them will be along soon to help xx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: Organisation restructure / potential new job questions

          1) You don't have to tell them about the new job. However, if a reference is required, they are likely to find out anyway.
          2) Yes, it still applies. Many restrictive covenants are unenforceable but, because it's only for 3 months, this one seems reasonable.
          If they are making redundancies to save costs you may be able to negotiate their agreement to waiving the covenant.
          3) Your ideal solution is unlikely. If you leave to take up a new role you would not be entitled to a redundancy payment.

          Comment


          • #6
            Re: Organisation restructure / potential new job questions

            Thanks for your responses. In the ideal scenario, I would not be resigning to take up the new job, it would be a question of taking redundancy because I have told them the role they are proposing is not for me, meanwhile accepting the offer from the new organisation. A happy accident of timing, as it were. Would that still be unlikely, do you think?

            Comment


            • #7
              Re: Organisation restructure / potential new job questions

              Yes, still unlikely. You described it as a sideways move, so it would probably be considered 'suitable alternate employment' and refusing this also disentitles you to a redundancy payment.

              Comment


              • #8
                Re: Organisation restructure / potential new job questions

                Ah, I see. That makes sense. So in the event I decide the offered role is not for me, they are not obliged to provide any compensation? In a sense that's not the end of the world as I would have the new organisation to fall back on, so nothing lost as such, but that does add clarity. Thanks again for your insight.

                Comment


                • #9
                  Re: Organisation restructure / potential new job questions

                  Be aware that I'm just pointing out the legal situation. I've found that even the largest employers can be surprisingly ignorant of the legal niceties surrounding redundancy. Your employer may be one of these.
                  If they are looking to save costs by reducing the headcount, you might consider having another chat with the General Manager where you tell him that, after consideration, you feel that the other role is not for you, there's a potential new job in the offing and if this comes good how would he feel about you taking voluntary redundancy in these circumstances. (That way you might get the redundancy payment.)

                  Comment


                  • #10
                    Re: Organisation restructure / potential new job questions

                    Yes, and I'm also aware that my organisation tends to be more generous than statutory when it comes to redundancy (usually a months pay per year of service) so I would be comfortable with having the discussion about not wanting the new role and seeing how the conversation develops, whilst knowing they are under no obligation if they do view (as I think they might) that the proposed role is 'suitable alternate employment'.

                    If we do end up in a situation where I resign, however, would the non-compete clause run concurrently with my gardening leave (also a part of the contract)? I have had conflicting views on this, and in recent times people in similar (and more senior) roles have not had the non-compete clauses enforced. Some have had to fight for this, claiming that they are unfair, and others apparently not.

                    Comment


                    • #11
                      Re: Organisation restructure / potential new job questions

                      You are still employed while you are serving your notice period on gardening leave. The non-compete only takes effect after the termination of the employment.
                      Waiver of this is something else to negotiate in the discussion.

                      If you could start the new job soon, you could suggest waiving your notice period.

                      Comment

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