Significant role change

[scotro3]

Hi,

I as told last week that the majority of my duties will be transferred to an accountancy firm and I was offered a different role. The conversation was left at ‘have a think about it’ as they couldn’t tell me exactly what this new role was going to consist of. It was indicated that it would be an admin role which is about 5 grades below my pay grade. Effectively being demoted.
I made it clear that I’m working under protest and only waiting for this role description to be finalised.
when that came through I resigned and considered myself constructively dismissed.
have I done the right thing? Please note that I don’t have a written contract. Only an offer of employment.
Thanks

[ULA]

How long have you been employed at the company?

[scotro3]

hi,

I've been employed for 3 years.

[ULA]

In my opinion if your job is bing transferred to an accountancy firm and they cannot find you a suitable alternative position then it is a redundancy situation and the company should have started a redundancy consultation with you.

So unfortunately resiging and claiming constructive dismissal is potentially not the right thing to do.

Are you by any chance working your notice?

[scotro3]

In my opinion if your job is bing transferred to an accountancy firm and they cannot find you a suitable alternative position then it is a redundancy situation and the company should have started a redundancy consultation with you.

So unfortunately resiging and claiming constructive dismissal is potentially not the right thing to do.

Are you by any chance working your notice?

I am working my notice, yes.

[ULA]

I would suggest that you initially speak to your manager/HR and explain that having taken some advice you believe that in fact you are actually in a redunancy situation since ... "The requirements for an employee to perform work of a specific type, or to conduct it at the location in which they are employed, has ceased or diminished, or are expected to do so." Your role is being transferred away from your company and therefore it fits this criteria.

Explain that in such a situation they should actually be undertaking redundancy consultation meetings with you and trying to see if there is a suitable alternatvie position for you. If this is not feasible then you should be given a redundancy payment.

Just another thought, if you are part of an accounts function that is effectively being outsourced under a contract for services to this accountancy firm, this may also be covered under the Transfer of Undertakings (Protection of Employment Regulations or TUPE as it is known. If this was relevant to your situation, then you should be transferred across to the accountancy firm on your exisitng terms and conditions of employment.

[scotro3]

I would suggest that you initially speak to your manager/HR and explain that having taken some advice you believe that in fact you are actually in a redunancy situation since ... "The requirements for an employee to perform work of a specific type, or to conduct it at the location in which they are employed, has ceased or diminished, or are expected to do so." Your role is being transferred away from your company and therefore it fits this criteria.

Explain that in such a situation they should actually be undertaking redundancy consultation meetings with you and trying to see if there is a suitable alternatvie position for you. If this is not feasible then you should be given a redundancy payment.

Just another thought, if you are part of an accounts function that is effectively being outsourced under a contract for services to this accountancy firm, this may also be covered under the Transfer of Undertakings (Protection of Employment Regulations or TUPE as it is known. If this was relevant to your situation, then you should be transferred across to the accountancy firm on your exisitng terms and conditions of employment.

Thank you for your reply.

TUPE would not be an option for me.

The thing is the need for my work hasn't diminished. On the contrary, the company is doing well. They are taking on more staff, got another office building, taking on more work. All this would have lead to me increasing my working hours from 3 days to 4 days a week. So, instead of paying me more money they've taken my job away and as a result of that I am redundant.
What was offered in return was not suitable at all. The role I was offered was in facto a demotion and the redundancy package was actually less than the statutory redundancy pay. For which I would have had to sign a compromise agreement as well!

[ULA]

In terms of redundancy payment you cannot be offered less than statutory, if your position is genuinely being made redundant.

Compromise Agreements have now, in fact, been replaced by Settlement Agreements and for which the company would have to pay a contribution to the cost of you seeking independent legal advice.