Redundancy

[Sabriel1]

Hi Guys, you have been recommended to me and I'm hoping you can offer some advice about my current situation. I have been at my place of work over 2 years. I am currently furloughed and have been since December.

I was notified via phone call that i was changing dept the beginning of March and that i would be contacted via my new line manager over the upcoming weeks. At the end of March an email was sent to everyone within the business stating that my shop would be renaming with a new manager, look etc. I had colleagues contact me to ask if i had left? I contacted my new line manager and was told that the email should not have read like that and i would be informed of the upcoming changes in the next couple of weeks.

I was led to believe i had nothing to worry about. I contacted HR who directed me back to my line manager. I got an invite to a team meeting where i was informed that under restructure my position was at risk. I was offered the opportunity to apply for the new position alongside another employee who was in the same situation as me. I applied but did not want the position as i found out i am to become a first time parent via surrogate.

I was unsuccessful any way, also in my defence i thought we were having a 1-2-1 consultation and not an interview and was completely unprepared. I was notified of an alternative position in the dept i have just been transferred from which is a step down but i wage would remain untouched for 12 months. I have tried to apply for this position after several emails between myself and mainly HR.

I have spoken to ACAS and was told to ask specific questions. I have no idea what to ask? What to do next? Several people have advised me to see a solicitor as i may have a case but I'm feeling overwhelmed, anxious and unsure what to do next. I am terrible with technology so i apologise for any mistakes i may have made.

[ULA]

Sorry just had to edit your post to make it easier to read. I have some questions:

1. What type of work do you do, it sounds like it is in retail?
2. Are you the manager of the shop currently (before you were put on furlough) and is this why colleagues thought you were leaving because a new manager is being brought in?
3. Have you actually formally applied for the alternative position or are your emials trying to find out more information on the job?
4. What were your reasons for contacting ACAS?

You answers will be really helpful in providing the information I need to respond back to you.

[Sabriel1]

Hi

Thank you so much for your reply and editing my post. I am a Catering Manager who was based in the retail dept. Now transferred to a new dept where they have restructured making my position redundant.

Directly before i was placed on furlough in December i was off work for approximately 10 weeks. Prior to that i was based at a new site which would be opening with an internal cafe which i was entirely responsible for. Prior to Lockdown i was based at a shop which was the only cafe/coffee shop initially.

There was an email sent internally at the end of the month before i officially changed dept at the beginning of the following month stating they were renaming the shop, with a new manager, new menu and new name.

I officially applied for the new position after missing the initial deadline for submitting the application. As soon as that was noticed i was allowed to send my application in by the end of the working day. I then received an email inviting me to my second 1-2-1 consultation which was in fact the interview.

Shortly after the interview i was contacted to be informed i was unsuccessful in my application. It is at this point i am made aware of an alternative position at the new site i was working at before my illness in my previous dept. The position is the assistant catering manager. My money wouldn't be affected for the first 12 months and that i was welcome to apply.

Since then there have been several emails between myself, HR and recruitment. I was eventually sent the job description last week for this position which i immediately applied for as advised by HR. Yesterday i received a new JD for a catering assistant which is more or less the same JD as the assistant catering managers position.

After querying this with HR i have been notified that the assistamt catering managers position is not available under the new structure. So i’m somewhat confused to how that can be?

My conversation with ACAS focused on the GDPR aspect of it but again i am unsure of how. I also asked about my contract which states catering manager vs coffee shop manageress and what that means.

I suppose i want go know do i have a case. Have they made a breach somewhere? I was a valued member off staff before i had several weeks leave due to mental health issues. I can understand my not being successful in my application for the new position that had been created under the new structure. I was unprepared and did not handle my interview well. The position that was recommended to me suddenly doesn't exist and i feel they do not want me to return.

Also with my impending motherhood i don’t know whether i should mention it before the 12 weeks in case it further prejudices them against me regarding alternative roles.

The positions that are now being sent to me are all a significant step down compared to my current position and previous positions that i believe it would be detrimental to any future potential job offers. They are positions i held at the very beginning of my career.

I know all that matters is from a legal stand point but its genuinely made me feel pretty terrible. So once again i really appreciate you taking the time out to reply.

[ULA]

I am not sure what you mean about the GDPR issue. What breach of GDPR has there been, I cannot see anything specific mentioned in your posts?

If your position it genuinely redundant then the company has the obligation to offer you a suitable alternative position which may include roles at a lesser level than you are currently working at. However if you decided not to take such a role it would be based on the fact that it is a lower level/salary which makes it not a "suitable alternative".

Just in regard to you becoming a parent via surrogacy, If you are the intended parent who wants to take adoption leave and pay, you must give your employer a written notice of your intention to take leave at least 15 weeks before the baby is due. It must specify the expected week of birth.