Emplyer restructuring and wants to make change to role ...

[dicklett]

Hi need some guidance please Beagles


Working for a company (10+ years) and they're going through a restructure which means redundancies and changes to roles.

It looks like my Manager is going to be made redundant and they're reshuffling the current business area/ department that they looked after.

For me they’ve told me this means i will have a change of Line Manager which is expected if my manager isn’t going to be there. However this isn’t entirely true as
the proposal is to move to me to a completely different department sat under a different Manager that has no experience or can support.

In every communication they’ve sent me so far they tell me that this small/minor/modest small change is permissible under the terms and conditions of my contract, however
there is nothing within my contract that mentions any kind of changes and that i have to accept them.

They advise that as part of any standard business transformation Managers can come and go so nothing to worry about, but the concern is they are looking to move me to a
totally different area of the business that doesn't have any experience or knowledge to support me. I have challenged their proposal as i dont believe its the right fit ...

I have worked for the business for a number of years and have built up my skills and experiences in my current department with a view to progressing in this area, now they plan to move me and my department away from this area, which will still remain albeit with my area moved elsewhere.

My questions are :

What would constitute a minor/modest change, is a change of line manager on parr with a change of department ? Even though it's not being communicated as this.
Do i have to accept this change ? They are advising that under the T&C’s of my contract the changes are permissible.
Where do i stand legally if i refuse to accept these changes ?


Many thanks

Regards

JF

[ULA]

Sorry but in order to answer your question I need to ask one.

Are any other of your main terms and conditions of employment changing other than change of reporting line and department structure?

Is your salary, hours of work, location of work, holiday etc all remaining the same?

[dicklett]

Hi , at this point it has been communicated as a change of line manager .... however it will be a change of department and a change of line manager ... no other changes highlighted at this point.

[ULA]

As this is part of a restructuring with the only change being proposed is to your reporting line and possibly a change of department with no changes to your main terms and conditions then there is limited action you can take.

Yes, if you are concerned about the support you will get under the new structure, then raise this with management and set this out via email. However companies are allowed to make changes to how they structure the business after consulting/communicating with staff. What further you can do will largely depend on whether any other changes are made to your terms and conditions as per my question in post #2

[dicklett]

Hi, they are making reference to my terms and conditions of contract advising these small changes are permissible under the T and C's of my contract, but there is nothing in my contract that mentions this ? Hence my question if i have to accept it if there's nothing specified within my contract about accepting the change? Thanks.

[ULA]

Some contracts contain within them a clause that will contain flexibility clauses allowing the employer unilaterally to vary terms and conditions. Alternatively, the contractual terms may be wide enough to cover any proposed changes, e.g. a minor change in role or hours may be within the job description.

That said though, does your contract set out that your job title reports to the specific role you currently report to i.e. executive assistant to the CEO? If so then it would be potentially difficult for your employer to ask you to report to someone else, however even this type of change would not be impossible with the right consultation process. If your contract is not that specific and you are going to be working in your same role reporting into a new manager as part of the restructure that is being consulted/communicated on, then generally, this allows for greater flexibility to change duties and reporting lines.

Effectively, unless you are contractually entitled to your reporting line, if the core terms and conditions of the role will remain the same and you will not suffer any discernible loss to salary, holiday entitlement and your hours and locations stays the same, then you have less legal possibility to refuse the change.

Your course of action if you are unhappy about a change in reporting line/department, they you can raise a grievance about it either before or after it is implemented. You can also complain that you are working under protest and do not accept the proposed change, however you cannot do this indefinitely.

[dicklett]

Thanks for your reply and advice ULA, if my employer is unable to provide me with a copy of my contract - because they dont have it, does that lend anything in my favour ?

Many thanks
JF

[ULA]

Whether or not the contract can be produced from what you have said there is going to be no change to the fundamental terms of your contract as I have set out over a number of posts. A reporting line change as part of a restructure would be considered the normal part of a business evolving and adapting to the environment, they are operating in.