Tweet
I have quite a complex query, but basically due to a restructuring programme where I work, we are going through a consultation period. During this consultation we were advised of the proposed new structure of our staffing and offered the opportunity to apply for VR.
However, as yet no-one knows exactly what roles we may be offered and from what I have been advised so far, these roles do not fit with my own current role. We have been told that in some circumstances, 'specialist' roles may remain in place, but with some adjustments to some of the work we undertake. As yet there is no information as to who this would apply to (and in my case it is believed my role is that of a specialist with specialist knowledge).
We can apply for VR by 23 December 2015, but our roles won't be confirmed until (at the earliest) January 2016 - so we are being asked to make a decision without knowing the full facts of our potential new roles (which may not be suitable). They have also advised that if we apply for VR and it is accepted by both parties, then you may not necessarily be able to withdraw your VR application. Secondly if VR is accepted, then the expected default leave date would be end of December 2016 (12 months notice period) - so we would effectively be 'held to ransom' so they can utilise our experience and skills to set up the new structure before we would be able to leave! I therefore want to know:
It's all quite messy so just wanted some advice before I head in to my 1:1 meeting (at which they still won't be able to confirm job roles or any other conditions!).
Thank you !
However, as yet no-one knows exactly what roles we may be offered and from what I have been advised so far, these roles do not fit with my own current role. We have been told that in some circumstances, 'specialist' roles may remain in place, but with some adjustments to some of the work we undertake. As yet there is no information as to who this would apply to (and in my case it is believed my role is that of a specialist with specialist knowledge).
We can apply for VR by 23 December 2015, but our roles won't be confirmed until (at the earliest) January 2016 - so we are being asked to make a decision without knowing the full facts of our potential new roles (which may not be suitable). They have also advised that if we apply for VR and it is accepted by both parties, then you may not necessarily be able to withdraw your VR application. Secondly if VR is accepted, then the expected default leave date would be end of December 2016 (12 months notice period) - so we would effectively be 'held to ransom' so they can utilise our experience and skills to set up the new structure before we would be able to leave! I therefore want to know:
- Can I take up new employment before the end of the default end date without affecting any VR payments
- If not, can an employer to keep you in a post which does not fit with your current role profile?
- If I do not apply for VR and any alternative jobs offered are not suitable (due to location/work pattern/skill set) then should they offer me compulsory redundancy or would this constitute constructive dismissal?
It's all quite messy so just wanted some advice before I head in to my 1:1 meeting (at which they still won't be able to confirm job roles or any other conditions!).
Thank you !
