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Redundancy or resignation?

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  • Redundancy or resignation?

    I am currently a team manager.

    My employer has recently been through a (generous) voluntary redundancy and reorganisation process. During this people whose jobs were at risk were notified so they could apply for redundancy. I was not told I would be at risk, in fact during presentations about this we were told my grade and below would be unaffected.

    However once the new structure was announced my current role had disappeared. I was not warned of this and have not be put under consultation. I have been informed there is a job for me but there is still not a job description 9 weeks after the new structure was announced. I have been told the new role will not be include management, so potentially will be quite different from my new role. There are vacancies in the new structure but again there has been no conversation about me being given preference over these roles, I will have to apply like everyone else. Currently the new structure is supposed to be in place on 1st September.

    I have now been offered a job at another company.

    Will I need to resign from my current role or will it be redundancy? Given i don't have a job to resign from at some point in the future.
    If redundancy i not an option is there grounds for constructive dismissal. I've been waiting 9 weeks for a new job description and nothing has been forthcoming, therefore I feel I have very limited options
    Tags: None

  • #2
    If your job no longer exists then this is a redundancy situation. You should be formally consulted with and any new roles that are made available would normally be offered as "suitable alternative" positions and can be subject to a four week trial period.

    Given what you have said if your position no longer exists past the 31 August then you should be either offered redundancy or a suitable alternative position

    Constructive dismissal is where an employer has committed a serious breach of contract, entitling the employee to resign in response to the employer’s conduct. A lot of people think resigning and claiming constructive dismissal is a good option but doing so is a big step.
    It can be difficult to prove constructive dismissal - not many claims win and the onus will be on you to prove a fundamental (rather than minor) breach of contract by the employer.

    In the first instance I would suggest that, if you have not done so already, you should speak with your manager or HR to try and find out exactly what the situation is with your job and whether in fact it is no longer exists beyond 31 Aug.
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