Department restructure

[Sandy001]

I joined a company two years ago and the management have just announced that they are planning a re-structure. We were called to a meeting to be told but the job descriptions and grading have not been decided yet so we don’t currently have all the information we need.
There’s currently two job levels within the department and they are planning to change the job descriptions, and from the sounds of it align us all to the same pay grade, the current senior level staff also have company cars but they can’t confirm yet if these will still be part of the new contracts.
There are a number of staff within the department that TUPE’d from the previous contractor and the remainder of the staff were employed later and are already on the current companies T&Cs , so we think one of the reasons for the restructure is to get everyone onto the current employers contracts.
At the moment the senior level staff have to travel to other depots as well as other meetings at various locations on a regular basis. They now want us all based at the main office and for other people from within the company to travel to us for certain meetings, however we will still be required to travel to other meetings for which the location cannot be changed and we have heard rumours that they will take our cars off us and provide pool cars which will sit at the main office for people to use as and when required.
When I accepted the job position my contract stated I am entitled to a company car so I sold my own car and don’t currently have the funds to purchase a car if required, should my employer provide any financial help if the job roles do not provide a company car?
If the new job roles are advertised at a lower grade and do not include a company vehicle I’m seriously considering not applying for any of the new roles, where do I stand if decide this for definite?

[judgemental24]

Re: Department restructure

If they are changing the job description and making job rolls redundant with making people reapply for These positions there is not a lot you can do about it. You have three choices.

1. accept the change
2. accept the change and work under protest
3. resign and claim constructive dismissal (Not a good idea)

You are lucky in that you have just passed the 24 month continious employment mark. You now have full protection under the Employment Rights Act.

If TUPE was say two years ago not a lot you can do as the contracts of employment would have now been harmonised.

If your old position stated the employer will supply a company vehicle, and that position is no more, you are looking at redundancy if no positions are avaliable.

You need to be contacing your boss or HR to find out what the situation is as to transport. They will probably give you a loan to cover the cost of sourcing a new vehicle as this contractual change you have no control over. But you need to know all options before applying for these new positions.

Do you have a Trade Union?? if not it is customary to have a workers representative to discuse these things with management on behalf of your colleagues. That needs to be brought to the attenmtion of your boss or HR

[Sandy001]

Re: Department restructure

Thanks for quick reply. There are no unions involved but we have chosen a representative from our dept to attend a meeting with HR and the 1st meeting is tmrw. We have been informed that the 45 day consultation period starts tmrw, can it start if the new job descriptions don't actually come out until 8th oct? (at the earliest). We have submitted all the questions for tomorrow's meeting and there is one about financial assistant with regards to transport so hopefully we may know more then. They have advised that redundancy is a last option and the new structure they are proposing would actually require the employment of more staff. If I decide not to apply because the grade is lower and there is no company vehicle and they are unable to offer me anything on a similar basis within the company do I have the 45 day consultation period and then my notice period? And would it be classed as resignation or redundancy?

[judgemental24]

Re: Department restructure

It will be resignation with no redundancy payment if alternatve employment is offered. Even on a lower grade to the previous position

You will have been given the opportunity to apply for those positions. The 45 day consultation has to be carried out before any final decisions are made

[Sandy001]

Re: Department restructure

Thanks for the reply. I'm keen to know more about 'working under protest'
When the new job descriptions finally come out if we feel that the positions are really no different to what we do now (just worded differently with a different job title) would that be grounds for working under protest and can we do that at any stage during the consultation period?

[judgemental24]

Re: Department restructure

No

You put in a letter of grievance (Working under protest) once the contractual change has happened without your consent (Executive action)

The consultation period is where you fnd out what these new job positions are, have they changed, any difference in salary etc. Besides having an employees representative you will also have a one to one to discuse any issues and to raise any concerns with the employer

[Sandy001]

Re: Department restructure

Hi I'm back again. Since my last update I have now left the company. My line manager advised me before I left that I would receive a refund for monies paid for extra accessories on a company car that was due to be delivered in December 15. it is now nearly 3 months later and surprise surprise I have received no money. I have emailed and called numerous times but they just don't want to know. My question is do I log a formal grievance, apply to the Small Claims Court or The employment tribunal service ? The amount they owe me is £468.00. Thanks