Act Up / Redundancy

[Matt151087]

Hi all,

My job title on my contract is operational support coordinator but for the past 2 years I have been acting up as duty manager on a verbal basis only, there was no agreement in regards to time. They have been paying me equivalent to 2 hours overtime per shift as “act up”. The company has now decided that the operational support coordinator role is no longer required and will be made redundant. Can I argue that the operational support role is no longer my role as I have not been doing it for 2 years?

Further to this they have now advertised a duty manager role so should I not automatically get this role now?

I work at the airport and the operational support role still exists in Terminal 2 and the operations department and is only being made redundant in Terminal 3 so can they just make it redundant in our department or should it be across the board?

I have been trying to read up on implied contract but don’t really understand. Can anyone help please.

[ULA]

I think what you are trying to do is establish that whether over time and the "custom and practice" of paying you the equivalent to 2 hours overtime per shift to "act up" has by implication created your role being deemed to be that of a duty manager.

What have you been known as at work - operational support coordinator or duty manager?
Where you told verbally that acting as a duty manager was a temporary situation until something more permanent resulted or whilst they recruited into that position?
Is the operational support coordinator the only position becoming redundant or are there other positions in the same situation?
Have you asked whether you can apply for the position?
Is the operations team at Terminal 2 and 3 all part of the same team?

[Matt151087]

The act up started when one of the duty manager team went off sick, it was only meant to be temporary until the manager returned. Upon returning to work the other manager was taken offline to assist the terminal manager with office related work and my act up just continued.

The terminal manager has always refered to me as operational support however I have been completing only duty manager duties since Jan 2018 and all of the supervisors and staff below me know me as a duty manager.

I was told a year ago that he wanted another dm position but the company did not have a budget for it. No more was said about it since then.

They have now advertised a duty manager position however since I have already been doing the role I don’t feel I should be having to go through the application process. As you say I am trying to claim “custom and practice”.

Operational support is the only position being made redundant. Terminal 2 operates separately to us in Terminal 3 under a different manager however the overall department is the same.

[ULA]

Have you asked anyone (manager or HR) as to why you have to apply for the position given that you have been "acting" in this capacity for the last two years? You could also ask them whether given your position as operational support is being made redundant would this not be considered a "suitable alternative position" again given your experience in it for the last two year.

Just on your other point about the operational support staff at Terminal 3, when looking at a redundancy the company should consider for inclusion in the "pool" of potential employees affected those who undertake the same or similar roles in other parts of the business or sites. So in this instance, in my view, the company should consider that potentially the staff doing the same job at Terminal 3 (as being at other sites) could/should be part of the "pool" from which the selection takes place.

[Matt151087]

Thanks for the reply. So I had my first consultation where I asked about why I had to apply for a role which I have been effectively doing for almost 2 years. I was immediately shot down by the manager and HR as if they had been expecting me to ask that exact question. They said when ever a position comes up everyone has to apply and my “act up” does not give me any special rights.

I was hoping to be able to find something in writing regarding act up periods and when it becomes permanent through implied contract but I have so far been unable to find what I’m looking for.

I agree with you that I would of thought the T2 staff should also be reapplying for these positions.

[ULA]

I am sure they would have been prepared for the question as it would have been a very obvious one for you to ask. Now i am just guessing here but is a union recognised where you work? In which case it would not be unusual for there to be an agreement in place that all jobs are made available for applications or alternatively it may just be company policy.

I think you will find it very difficult to find anything in writing for what you have been looking for in terms of custom and practice. Normally these get tested during an employment tribunal process and it covers things like Christmas bonus, enhanced redundancy payments, flexible working etc. There is no clear legislation on custom and practice because they are or become implied terms that are not governed by a formal written procedure.

Have they yet confirmed who the "selection pool" will include just thinking about the other point I raised in my post #4