Redundancy Rights and Information, Job Role Changes within the next few weeks or so

[BogCat18]

Possible Redundancy Rights & Information, Pending Job Role changes within the next few weeks or so
Ula or someone who could help please. not sure if this is right place?

A large Retailer has recently announced, job losses and restructure that potentialy will affect, thousands of staff.
One particular area is under review. affected staff were initially informed that there department would be one concerned. [This was done in a meeting several weeks ago]

The actual change, restructure of the job role, information will be announced within the next several weeks. However the changes may well mean less staff/hrs to undertake the department function.

This may well be redundancies or opt for work in other departments or taking on the same role[slightly diminsished/re-organised] but hrs and days changed.

I have tried to gather as much info on this as possible from Gov stat redundancies etc, to basic info on rights.
However, nothing quite relating to specific areas of concern and it would be greatly apreciated if anyone could add or give advice. being prepared is better than not!

If a employee undertakes part time work for a number of days, specific times, 4 days a week [Not or excludes weekends] then if the offer of another department or within own restructured department that is being affected; is offered but at diversly different hrs or to include wekends etc, and the employee is unable to do this due to other family/working comittments that they have been doing for many years then...

Q-would this be reasonable grounds for saying it is a suitible offer or Q-Is it right that an employer should say that the employee has to give up already working/family commitments. or they will be redundant or lose redudnacy due to refusal of altenrative work

Being clear-The job role is NOT being done away with, it is being re-structured or simplified....just means it will be spread over more days and timings reduced. It will mean less hrs and less staff needed to complete the work.

It is understood that 30 days consultation is given if more than 20 people involved but what is it for less???

during the consultation, then things are discussed at which point outcome may be -Notice?? which i think may be ??? weeks or 1 week for each year up to 12 years but more than 2

If the new proposed schedules, offer times which could be accomodated Mon to friday but not weekends and employer is willing to do this, would this show willingness to come to a solution as they are unable to do weekends due to previous family/work reasons. would this be seen as willing rather than unwilling to accept a suitible or unsiutible position in relation to the redundancy position?

Sorry if it is long winded but trying to give as much info as possible, hopefully youl plough through it and get back with advice, will need this help i think

many thanks

[ULA]

Sorry not to respond sooner.

So, it sounds like the company is going through a consultation phase about the possibility of redundancies and the result could be either redundancy or the offer of alternative positions for which some of the terms of employment may change.

In answer to your questions:

1. If you are offered what your employer believes to be a suitable alternative job, the suitability will depend on:

- how similar the work is to your current role
- the terms and conditions of the job being offered
- your skills, abilities and circumstances in relation to the job
- the pay (including benefits), status, hours and location

If your employer offers you an alternative job, you will need to think carefully because if you turn down a suitable alternative post that is offered before you are made redundant, they may be able to refuse to pay you a redundancy payment.

If you are offered an alternative position, then you should be given a 4 week trial period, however you would need to tell your employer during the trial period if you decide the new job is not suitable, otherwise if you leave it until the end you will affect your employment rights, including your right to statutory redundancy pay.

In terms of deciding whether an alternative job is unsuitable or your refusal reasonable these are some potentially valid reasons:

- job content and status - drop in status or level, substantial differences in duties, including loss or addition of job content.
- pay and other benefits - significant drop in earnings, including basic pay, bonuses, overtime, sick pay, holiday entitlement, etc.
- working hours - change in shift pattern, removal of overtime, extension/reduction of working hours
- change of workplace - if your place of work changes and your personal circumstances make it unreasonable for you to travel to your new place of work. This assumes that you don't have a mobility clause in your contract, in which case your refusal may be unreasonable
- Job prospects - going from permanent to temporary or fixed-term employment.

1. When a company makes fewer than 20 employees redundant they are legally required to have meaningful individual consultation with all affected staff. Unlike larger-scale redundancies, there is no fixed period of consultation required. It needs to be enough to be meaningful to the particular situation. This means it is likely there will be more than one meeting with each employee.
2. Notice will depend either of your contract of employment or statutory.
3. The affect on personal circumstance i.e. child care arrangement, caring for elderly relatives etc are being seen more generally as something an employer should take consideration of when understanding why, what they believe is a suitable alternative, may not be for the individual. Part of the consultation process is to explore possible solution to avoid redundancy and a working pattern that the company may not have thought of is certainly worth a discussion to see if they can accommodate it thereby keeping you employed but that supports your personal situation.

I think that covers everything but if not please just come back and ask.

[BogCat18]

Thank you Ula , its as very much what I thought, however the sitiuation is;
;if an employee, already has work commitments/family at weekends or times outside that of there normal part time contracted hrs/days of 4 days of 24hrs work, which at start of employment many years ago which they were told off, [in other words the need for 2 jobs] surely if employer is told that you need to take or accept new work conditions etc..that would mean having to leave the 2nd job, after all you cant work 2 places at same time?? Then surely it isnt unreasonable for employee to say I cant do the new job your offering as it would conflict with other work/family commitments. so it isnt the employee who is refusing new offer and therefore lose redundancy package.
Until further info,meetings etc start i wont be able to provide much more info.
all i know at moment is, there looks like there will be a 30day consultation. The Job role isnt actually going, involving 2 areas of staff, over a 5 day shift week. It is being simplified, re-structured, so i think it will mean 1 lot off staff now doing work over 7 days, within set start/end times, rather than 2 shifts as such. It will mean more than likely, loss of hrs/staff as fewer people/hrs will be needed to cover work = loss of staff =redundancy if no other work is found or accepted by employees, if this makes any sense.
* it is the element of unreasonable refusal of accepting new job on the grounds that it is unsuitable and unreasonable for employer to make employee take a new role knowing personal and family circumstance; eg having to give up other p/t job they have done long before they started with this company.
*would it be advisable to join a unuion?
many thanks

[BogCat18]

Sorry forgot to mention; It isnt the current Job role/experience etc, that is going. It is; the current role is being re-structured/simplified, so if you stay within the department you will simply be doing the same work/using same xperience etc but differnt start/end times and days maybe? if this makes sense.its just that less hrs and people will be needed?

[ULA]

As detailed the employer does have to consider the impact of an alternative job on personal circumstances and take account that for an individual it may not be suitable because of that impact. However the thing you should be aware of is that if an employer, despite being given the facts of your situation, believes that it is a suitable alternative which you decide

before you are made redundant not to accept, they may be able to refuse to pay you a redundancy payment. It would them be down to you to make a claim via an Employment Tribunal for your redundancy payment by demonstrating that impact on your personal circumstances meant that is was not suitable. Hopefully it would not come to this but I it would be remiss of me not to make you aware of this fact.

This type of restructuring that imvolves potential redundancies and/or changing of work pattterns and hours is nor unusual.

[BogCat18]

Hmm..but surely it cant be right to say to somoene they have to give up there 2nd job, they had been doing long before they ever started at current employment? Why people have 2 or more PT jobs is cos they need them to live on as niether offer full time or greater hrs to start with? Notes taken on board, will keep you informed, you didnt say if it would be better to join union now?

[ULA]

If your company or industry has a union then it would be worth talking to them about joining to see if they can provide support to you.

[BogCat18]

Hy Ula ok, so far we know, Friday 12th April Individual Consultations; Then, Friday 10th, redundancies, no lieu notice to work?
There is only less than 12 days to get prepared for the individual consultation, so getting facts right is important i think
Q1-It has been suggested that they will give 2 weeks notice, paid I guess?? Am I wrong in thinking that StatOrg or somewhere I seen that at the very least, shouldnt it be 7 weeks[week for each year] or 8 weeks if worked more than 2 yrs but less than 12, more than 12 is 12 weeks notice??

Q2-It seems to be of opinion[not confirmed yet] that priority of offering the simplified/re-structured job role[new times], will be given to those whos working schedule [mid morning to late] fall into this, and those who work early, and not within new times, will be possibly re-dundant??
The new job roles should be offered to all staff who currently do the existing job roles already? Allowing for whatever method or way the undergo this, length of service, expertise, record etc...
Can you offer clarification on this?

Will concentrate on other things eg., alternate work offers, availability, hrs, job acceptance, refusals etc later when more facts are given on the date.
obviously best advice to make sure that someone attends the meeting and have the meeting minutes copy be given to you, Im sure you are able to request this?

Im sure that just because people have always work early in morning in old role, and that they are more than willing to start and finish later on, if they were asked to in new role, should at least be looked at rather than say because you work early, your redundant.??

any advice please thank you

[ULA]

In answer to our questions:

1. How many full years service to you have with the company? What is the notice period required to be given by the employer in your contract of employment?
2. My view is that a list of all suitable alternative positions should be provided to all staff affected by their position becoming redundant in order to apply. In the event that there are more staff that apply than specific positions available then the company should hold interviews and selection should be considered in accordance with a set of assessment criteria which is consistently applied.

There is no statutory right for your employer to allow you to be accompanied at your individual consultation meeting, however it is considered to be good practice to allow this to happen. Make sure that if you are allowed someone to accompany you that they take notes for you on your behalf.

[BogCat18]

I apreciate your time and help Ula and understand how very busy you are, indeed all your team.
1]service 6 yrs full , short of 7 by 6 weeks
2]notice[will check this and confirm] i think it says 2 weeks
3]The job itself isnt going, just that its being simplified/changed, hrs/routines changed, in other words youd be doing the same sort of job if you wernt redundant-if this makes sense
will know more later i guess

[ULA]

If you are made redundant then given you have 6 full years of service which if this is greater than contractual then this is the notice that you are entitled to.

No that makes sense, I think you it may be a case of having to see what they say about the changed work routines of the jobs at the meeting or there may be more information that is sent out in advance of the 12th April meeting.

[BogCat18]

thanks Ula so the answer is; only 2 weeks notice which is or would be Liue? Why does Stat org or whatever sugest it is 1 week for every year then, or did I miss read it???

[WylnTholia]

You are entitled to 6 weeks notice, as you have been there for 6 full years.

'The law states that you are entitled to at least one week's notice if you have worked for your employer for anywhere between one month and two years. After that you are entitled to one week's further notice for every year of service up to 12 years' service. So for six years' service you would be entitled to six weeks' statutory notice and for 20 years' service you would be entitled to 12 weeks' statutory notice.'

[BogCat18]

a bit confused here WylnTholia on contract and I think refer above, is it only 2 weeks notice as it seems people at work say??? or am I right in that it should be 6 weeks or 7 if it goes beyong May? just need to get this correct befor ei go into meeting?

[ULA]

If you are made redundant you will get 6 weeks which is the statutory notice this is because it is greater than your contractual notice of 2 weeks. Your employer cannot give you less notice than the statutory minimum.