Company Restructure

[GetUpStandUp]

Hi,

The company I work for has recently gone through a restructuring process due to a change in ownership, I have been verbally told of my new department and role, I am not happy with either or they why it has been handled. I have had three informal interviews/chats the last one being the hair dryer treatment trying to pressurize me into accepting the changes, I am currently signed off by a doctor for acute stress because of the pressure I am being put under to accept something I don't want. My doctor informed me that the company should of written to me about the redundancy of my current position and then offered me either statutory redundancy or a new position, could anybody confirm this?

[teaboy2]

Re: Company Restructure

YOur doctor is correct they should have given you the option of redundancy as well as the new role. Put in a formal Grievance.

Basically under tupe you have the right to transferred to the new employer in the same position under the same contract with same terms and wages/salary. If the position is to be made redundant the old employer most allow the redundancy procedure to be carried out after a 90 day consultancy period. The start of which is where they should invite you to take on different position within the new company or ask for redundancy!

As for the hari dryer treatment - Am i right in assuming you were shouted at, verbally abused or spoken to in an aggressive manner? If so then that is classed as bullying and your employer would therefore be in breach of his contractual duty of care towards you. Which gives ground for constructive dismissal claim!

However your best bet is to carry on refusing the new position and sit and wait things out, as the ball is in their court and they will by the sounds of things mess it up, as they can not dismiss you, nor can they make you redundant now either without carrying out the correct redundancy procedure and that basically means they will have to reset the clock and start the transfer of undertakings all over again! And i very much doubt they will reset the clock given the money involved and your employers attitude towards you.

I would also suggest you contact ACAS as they can mediate between you and your employer taking a lot of the stress off of you! Plus you would have to go via ACAS anyway in order to make a claim to tribunal!

[GetUpStandUp]

Re: Company Restructure

Thank you for your response, I'll have a read through their grievane proceedure and submit a statement, I'll also start the ball rolling with ACAS but ask them not to intervene at the moment as I hope I can return and sort something out with them, they may take me more seriously now. Is it worth getting an employment solicitor involved to check what I submit via the grievance proceedure?

[teaboy2]

Re: Company Restructure

You can check what to submit in the grievance letter with Acas, there's no need to involve a solicitor just yet, especially if they charge you. Acas are knowledgeable enough to help you with the grievance letter in any case. As your basically enforcing your statutory employment rights! Thouhg it is of course entirely up to you if you wish to involve a solicitor at such early stage!

[GetUpStandUp]

Re: Company Restructure

Having had time to think about it, there's a good chance they will dismiss me on my return for breach of contract (if they dig deep enough they can find some evidence), I'm going to put in a statement of grievance, then go back to work, ACAS have advised me to work under protest not accepting the new position. The MD will see red at this! Does this sound like a plan? Would I have grounds for constructive dismissal if they sack me after submitting a formal grievance?

[teaboy2]

Re: Company Restructure

Having had time to think about it, there's a good chance they will dismiss me on my return for breach of contract (if they dig deep enough they can find some evidence), I'm going to put in a statement of grievance, then go back to work, ACAS have advised me to work under protest not accepting the new position. The MD will see red at this! Does this sound like a plan? Would I have grounds for constructive dismissal if they sack me after submitting a formal grievance?

How have you breached your contract exactly?

I they sacked you for putting in a grievance about them trying to force you to accept a new position it would be unfair dismissal.

[GetUpStandUp]

Re: Company Restructure

Teaboy was PM'd with the responce (nothing too naughty), thanks for your help Teaboy. I will keep you posted about how this develops when I return to work.

[teaboy2]

Re: Company Restructure

Teaboy was PM'd with the responce (nothing too naughty), thanks for your help Teaboy. I will keep you posted about how this develops when I return to work.

Just confirming the above, the alleged misconduct that GetUpStandUp was referring to were two common issues that happen everyday in offices, and if the employer were to take action as a result of a grievance being issued they would been seen as victimising GetUpStandUp and seen as being vindictive. I won't state the precise nature of the misconduct as clearly GetUpStandUp felt the need to keep it hidden from public forum, by PMing myself instead!

[GetUpStandUp]

Re: Company Restructure

Just a quick update on this issue, I raised a formal grievance on 19th December 2014 and had an interview with an independent senior manager on 8th Jan 2015, he has stated that following the company procedure he now has 5 days to issue a response, so should I should receive a statement next week. I haven't made a fuss about the gap between raising a formal grievance and the response time because of the holiday period.

[spirit2534]

Re: Company Restructure

Hi

Just a thought!

Check your Household policy, many have legal cover included.
I was able to get a solictor & representation at an ET provided a few years.
He was the most qualified person at the ET and was asked for advice by the ET.

[teaboy2]

Re: Company Restructure

Just a quick update on this issue, I raised a formal grievance on 19th December 2014 and had an interview with an independent senior manager on 8th Jan 2015, he has stated that following the company procedure he now has 5 days to issue a response, so should I should receive a statement next week. I haven't made a fuss about the gap between raising a formal grievance and the response time because of the holiday period.

I would expect a response by the end of this week, or a letter informing you that they need more time and will respond in full in say 7 days etc. If you don't receive anything this week, then write to them asking why, outlining you understand that the xmas period caused a delay, but company policy states 5 days as per what you were advised by the interviewing manager, and its now been more than 5 days since returning from xmas break and the interview was on the 19th December 2014 and therefore almost a month ago, way longer than 5 days, even with xmas break being taken into account!

[GetUpStandUp]

Re: Company Restructure

Sorry for the delay, they did respond within the 5 days from the interview as stated in their grievance procedure, the issue of redundancy was not addressed, they offered me a position in a third department with the promise of retraining, I'm undecided about this because of the following:
It's means learning a different form of engineering again.
The department head is less than enthusiastic about me being there.
The details of the training have yet to be confirmed.

I'm looking for work at other companies but there isn't a lot out there so I supposed i should be grateful, if I was to move companies could i still claim for redundancy?