Do I have to apply for a ring-fenced role in restructure?

[reggie82]

Hi all,

My place of work has recently announced a restructure and we are in the consultation period. My job no longer exists so I am at risk of redundancy.

There are some similar roles in the new structure which are ring-fenced for me and my colleagues (who are in the same role as me and also at risk) to apply for (I'm not certain, but I expect everyone would be successful and get a position in the new structure as it looks like there's enough jobs).

I asked what would happen if I didn't make an application for any of the ring-fenced roles (presuming I'd be made redundant), and they've said they would see that as me resigning so I wouldn't get a redundancy pay out.

Does anyone know if they are allowed to do that? I know I can't refuse an offer of suitable alternative employment without good reason, but they aren't making me an offer, only saying i can apply for some roles?

Cheers

Reg

[Dromedary66]

Sounds like you would prefer redundancy, in which case you know what to do come interview time

[reggie82]

Haha yes that has crossed my mind.

I'm not sure what route I want to take yet, I just want a clear idea of my options so I can make an informed decision.

[Bigends]

Not sure but this may cover these circumstances

(ii) Ring-fencing (oversubscription)
Ring-fencing (oversubscription) applies where:

there is no change between the role in the old and new structure, and
there are fewer roles available than employees matched to the roles.
An assessment process is required to determine which employee(s) should be appointed to the role(s) but there is no requirement for a trial period.Following a successful assessment process, the employee is automatically appointed to the role without a trial period. If the employee declines the role, there is no entitlement to redundancy pay.

[Riley Blue]

Do the number of ring fenced vacancies in the new structure equal the number of staff at risk?

If not i.e. more staff than jobs, and you don't apply, that can be considered as resigning; that's according to my O/H who was in a similar position a few years ago.

[reggie82]

Thanks, gents. There will be more vacancies than staff.

[BobSaunders]

We've just gone through a TOM restructure, similarly.

My role was at risk of redundancy as it was disappearing in it's entirety, e.g. two teams were being folded into one bigger team, and the two heads of roles were being closed out, and a new head of role was being created. In that case i was offered redundancy, or go and find another role - including interviewing for the new head of role. The other head took the new role. I found another role elsewhere in the business.

For those staff that were simply being shifted around from their old role to a new role, they were ring-fenced into their 'new' old role. However, there was an ability for them to apply to other newly created, or replacing outgoing heads, roles. Always opportunity in change.

Edited by BobSaunders on Friday 18th January 15:29

[reggie82]

Yes mine is similar, although i have to apply for a new role, and if unsuccessful will be made redundant.

[Hol]

My wife encountered this when her company took over another and the new 'head of' wanted to cut some roles.

Everybody at her level was at risk and were told they had to formally interview for the (reduced number of) 'new' roles with a detailed presentation created in their free time.

Longer story short, she declined to apply for any of the roles, which created a lot of mayhem as she was top of the list for people they wanted to retain. However, they had to pay her the full redundancy as well as a pro rata bonus at the year end.

She walked straight out and into another role and we got a new fitted kitchen that year.

[Riley Blue]

reggie82 said:

Thanks, gents. There will be more vacancies than staff.

If you and your colleagues are ring fenced and there are more vacancies than staff O/H thinks you should be slotted and remaining vacancies advertised, internally first then externally.

[Dimebars]

Hol said:

She walked straight out and into another role and we got a new fitted kitchen that year.

She.................

[havoc]

reggie82 said:

There are some similar roles in the new structure...

Key wording here.

If the roles are deemed similar enough, then the comments quoted above about not needing to pay redundancy will apply.

Not sure of the threshold.

Note that the threshold in reverse (i.e. for a role to be created which you can't automatically be considered for (as you are) and you have to apply for to avoid redundancy) is 50% commonality.