Made Redundant and job role downgraded?

[Fuzznuts]

Hi, I have been a School Business Manager (SBM) for over 6 years and have been working for the same school for over 20 years. I was recently made redundant because apparently my job role no longer exists and they are centralising the admin roles. I am due to leave in August 2019.
There are 3 other SBM's in the Trust with the same role as me and they have automatically been assimilated to the role of Executive School Business Managers.

My issue is that when I was given my redundancy notice, my job description was changed to Senior Admin Officer, and therefore I could not be assimilated to an Executive SBM and that my job role no longer existed. I passed all the exams to become a SBM and promoted several years ago and was given the relevant pay rise by my previous Head Teacher, but no updated contract. In fact the only contract I ever had was my initial one 22 years ago!

The school's website clearly states my name and my job role as a School Business Manager and I have always been introduced as this when meeting officials/visitors/employees and my name badge states this too.

I feel unfairly treated and given no option other than to leave. I am also finding it difficult to apply for other jobs as a SBM because the reference from my school states me as being Senior Admin Officer rather than SBM.

Do I have a case for constructive dismissal?

Any advice would be greatly appreciated, thank you.

[efpom]

Please clarify if you are still working or have left your employer. I assume the former in my writing.

If I am right about that, do please consider the economics of resigning and claiming constructive dismissal versus your entitlement to redundancy money on dismissal by virtue of redundancy.

You may find the link below useful.
https://www.gov.uk/dismissal/unfair-...tive-dismissal

If you worked as an SBM and were described by your employer to the world as an SBM, then you are an SBM and the description of your employment as being something else on your redundancy notice is simply inaccurate.

Two points arise:
1 – You were entitled to be part of the pool to be selected as Executive School Business Managers, or if there was no such pool – you use the word “automatically”, you were entitled to be appointed as an Executive School Business Manager.

2- If then, you are made redundant, which is one type of dismissal, you are entitled to be described, on redundancy, as an Executive School Business Manager, be paid your redundancy money on that basis,. Further, any purported redundancy notice served on you, describing you as anything else is simply invalid and any reference issued describing you as something else, is simply inaccurate.

It seems to me that that your employer has to explain why you have been treated less favourably than those who automatically became Executive School Business Managers, and you are entitled to that explanation. You might consider it worthwhile to make a subject access request.

It may be that the decision to describe you as “something else” was an attempt at reducing the amount of redundancy money you would otherwise be entitled to. If that turns out to be true then you are dealing with a fraud on you.

[Fuzznuts]

Please clarify if you are still working or have left your employer. I assume the former in my writing.

If I am right about that, do please consider the economics of resigning and claiming constructive dismissal versus your entitlement to redundancy money on dismissal by virtue of redundancy.

You may find the link below useful.
https://www.gov.uk/dismissal/unfair-...tive-dismissal

If you worked as an SBM and were described by your employer to the world as an SBM, then you are an SBM and the description of your employment as being something else on your redundancy notice is simply inaccurate.

Two points arise:
1 – You were entitled to be part of the pool to be selected as Executive School Business Managers, or if there was no such pool – you use the word “automatically”, you were entitled to be appointed as an Executive School Business Manager.

2- If then, you are made redundant, which is one type of dismissal, you are entitled to be described, on redundancy, as an Executive School Business Manager, be paid your redundancy money on that basis,. Further, any purported redundancy notice served on you, describing you as anything else is simply invalid and any reference issued describing you as something else, is simply inaccurate.

It seems to me that that your employer has to explain why you have been treated less favourably than those who automatically became Executive School Business Managers, and you are entitled to that explanation. You might consider it worthwhile to make a subject access request.

It may be that the decision to describe you as “something else” was an attempt at reducing the amount of redundancy money you would otherwise be entitled to. If that turns out to be true then you are dealing with a fraud on you.

EFPOM, thank you so much for your comments and your time,

I am still working at the school and am due to leave on the 31st of August 2019.

In answer to your "Point 1", We are part of an academy consisting of 4 schools, and they are centralizing all of the finance and personnel departments. I was called in and told that I was being made redundant which I had to accept. However, when I received my redundancy notice, it contained a list of all old and new staff positions. I noticed that on the list that our school didn't have an official SBM position and that I was referred to as Senior Admin Officer. I also noticed that I am on a lower pay grade than all the other school SBM's. However, for the past 6 years I have been referred to as SBM on all school paperwork, websites and in meetings.

The SBM's of the other 3 schools were promoted to executive SBM's and I have been made redundant because our school didn't have an "official" SBM position. There were no selection process for the three executive SBM positions and I was not given any options other than to take redundancy.

Obviously I don't want to jeopardise my redundancy but feel I have been treated unfairly and would appreciate any advice on further action.

[efpom]

If you are a member of a trade union, now is the time to consult it.

If the school held you out to the world as an SBM but only now says to you "No, you are not", then prime facie, it's a fraud on you and the rest of the world.

I suggest:
An application to your employer for "clarification" of what contractual redundancy money is payable, and whether it is calculated on the basis of the pay grade of an SBM or Senior Admin Officer

If it says SAO rather than SBM, one outcome of that, sets up an employment tribunal claim for unlawful deduction of wages for the past 6 years, and enhanced contractual redundancy payment on the basis that you were ,in truth, an SBM.