Change of role

[Mynameisjim]

hi there, can any one please advise if an employer can ‘remove’ a role from their management structure and not make an offer of redundancy, only ask to apply for a different role which could mean moving location, working hours and reductions in pay?
i understand the above is a bit ambiguous so apologies for that!
many thanks

[ULA]

since you have not provided much detail I can only provide a general response.

Companies are entitled to make changes to their organisational structures to meet the changing circumstances of their businesses. However it is the process they adopt that really matters. Moving someone to a position that fundamentally does not change their terms and conditions of employment and is still within the scope of their skills and expertise (albeit some new training may be required) are normally considered to be ok as the person is not disadvantaged.

Where there is a change to terms and conditions that fundamentally changes the employment of the individual then the company has to follow a fair and reasonable process to make that change. Within this there would need to be consideration of whether the position is actually redundant and whether what is being offered could be considered a suitable alterative.

If you are happy to provide some more detail then that may help in providing a response that takes better consideration of your situation.

[Mynameisjim]

I’ve had a meeting with my manager who continues to advise me that I need to apply for another role.

Due to ongoing health issues and childcare, I’ve indicated that the jobs on offer are unsuitable and have detailed the reasons why.

Im aware of the legal obligation around seeking an alternative to redundancy, which I understand. I have voiced my concerns about the roles and the impact this will have on my health, income and working pattern which in turn will impact my childcare requirements.

Can I ask for any advice around refusal of suitable/alternative employment. I’ve done some research on the EAT websites, namely Readman and Dunne cases.

Appreciate your help

[ULA]

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

I know that this redundancy is a bit of contention at the moment with your employer however if you are offered 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. Just something you need to be aware of if they do recognise that redundancy is on offer.

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

More recently the effect on personal circumstance i.e. child care arrangement which from your post is a concern for you 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.

Hope that helps but if you have any further questions then please just ask.

[Mynameisjim]

I’ve read up on the things you have described and am aware of the potential harm refusing a ‘suitable alternative’ will have on me.

The new role will mean significant changes for me. I will be gaining an additional 50% headcount, the hours are significantly different to what I do now; I have a flexible working arrangement in current role, the pay is less and I will be required to work additional hours at the weekend.

My health condition will be greatly impacted in this new role, I’m in the process of seeking medical advise so my employer can recognise this negative impact.

I do have a flexibility clause in my contract, however I’m all my time with the organisation I’ve never seen or heard it been used unless with mutual consent. The new location is farther than my current role and along with the changes in hours, pay and status, I am continuing to refuse any changes.

[ULA]

The research you have been doing including asking questions on LegalBeagles means that you have a good understanding of the situation, both in terms of how to argue your case but also what might happen if your employer does not accept that. This will be a good basis from which to present your case.

Given the number of areas of your pay and conditions of that will be negatively impacted then these can be used as the basis for putting together a reasoned argument for why the job being offered is not a suitable alternative. They can also be tied to recognised legal arguments for why it is not a suitable alternative role which is also an important point to include.

[Mynameisjim]

Thank you for your advice, really appreciate it!