Withdrawl of Benefis in Kind

[Benny the Beagle]

Hi

My wife has been presented with a situation where her whole department and only her department are having their roles reviewed and are being told that they must reapply for the new roles they feel are within their capabilities. The company is also carrying out salary benchmarking for these new roles and it unclear as to what these new salaries will be.

My wife has worked for the company for 17 years and feels that what they are doing is tantamount to constructive dismissal, if she chooses not to apply for any of the new roles.

My wife currently receives a car allowance and fuel card but in her new role these are likely to be withdrawn.

We plan to seek legal advise on this matter, it is a lot more complicated that I can go into here, however we are interested in (a) whether the company can withdraw the car allowance and fuel card without adding their combined values into her new salary (b) what if the new salary is less than she gets on her current contract.

Any help would be great full appreciated, Ben has got the Bone between his teeth and won't let go that easily.:beagle:

[enaid]

Re: Withdrawl of Benefis in Kind

Hi Benny and welcome,
I would give ACAS a ring and explain the situation fully, they will be able to tell you exactly what your wifes employers can and cannot do. They should also be able to give you info on local law centres or law firms who deal with employment issues and offer a free first consultation.
ACAS link Home - Acas

[Benny the Beagle]

Re: Withdrawl of Benefis in Kind

many thanks for your response,my wife is going to se a layer tomorrow and we will be speaking to ACAs for further advise and guidance.

[Celestine]

Re: Withdrawl of Benefis in Kind

Does your wife work for a company with more than 50 employees. Are any/all staff represented by a trade union?

If the answer to the first question is yes, here is the relevant legislation that should be observed during any restructure proposals.

The Information and Consultation of Employees Regulations 2004

[Caspar]

Re: Withdrawl of Benefis in Kind

This link may be helpful:

UK Employment Laws | Dismissal, Tribunals & Maternity

My understanding is that if the business foresee a situation coming up where the need for an existing job or series of jobs is going to cease to exist they can potentially make you redundant (along with all the rights you have under redundancy).

If they want to avoid this, they can restructure to create new posts which will be needed, but will in turn carry new terms and conditioins of employment.

As this is just your wife's department, I wonder if this may be what is happening here.