Redundancy process

[V8mate]

A friend's employer enacted a restructuring exercise and several positions were made redundant in the revised structure. My friend applied for his own job (went from two positions to one) and another newly created job in his department and was successful in neither. He is a Grade B employee, A being the highest etc.

Redundancy wouldn't be a bad option for him, but the employer has now asked that he fills in a form setting out the jobs (and associated skills) he has had to date (including before this employer) so that they can try and match him to vacancies at Grade C.

Can they do this? I can understand that a good employer may wish to offer redundant employees the opportunity to apply for vacancies at lower grades, but can they force you into one of those roles on the basis that if you don't take it, you are making yourself redundant and are entitled to nothing?

Forcing people into junior poitions smacks to me of constructive dismissal. And as he has a long commute, he says he couldn't really afford to travel such a long way for the remuneration of one of the Grade C jobs.

Any advice?

[edc]

It sounds like they are following a fairly diligent process. They have an obligation to look at redeployment and this would include any role that is deemed as a suitable alternative. Many employers wouldn't even bother finding out a out a persons experience so the fact that they are taking the time to do this should be applauded. Whether the roles the employer comes up with are indeed suitable is a matter of debate. If an employee refuses what is deemed as a suitable alternative then they may forfeit any redundancy payment. A suitable alternative could indeed be a role at a lower grade.

[V8mate]

But they are effectively ruining his CV. He's currently ABC Manager and would become an XYZ Assistant. To not have the opportunity to take advantage of the redundancy provided by statute he is surely being denied his rights?

I'd be happy if they offered him the option of redundancy or a junior role, but forcing the latter means he can never hold his head up when he goes into work as everyone will know he was forced to be downgraded. As well finding it harder to get a job elsewhere at his previous level.

[edc]

Without knowing all the detail what you are implying is that these other roles are not suitable alternatives. If so say so during the consultation process. Don't forget the 1 month trial period when taking on suitable alternative roles.

[Crafty_]

Talk to ACAS...

[mikees]

V8mate said:

But they are effectively ruining his CV. He's currently ABC Manager and would become an XYZ Assistant. To not have the opportunity to take advantage of the redundancy provided by statute he is surely being denied his rights?

I'd be happy if they offered him the option of redundancy or a junior role, but forcing the latter means he can never hold his head up when he goes into work as everyone will know he was forced to be downgraded. As well finding it harder to get a job elsewhere at his previous level.

I would have thought that this is constructive dismissal. Making a grade B do a grade C role and not offering redundancy

[V8mate]

He has be with the employer for 12 years and has three roles in that time; all in the same department, working his way up.

The vacancies are similar to the role he had when he first started. So he's more than capable of doing them but taking one will effectively set his career back 12 years.

[edc]

V8mate said:

He has be with the employer for 12 years and has three roles in that time; all in the same department, working his way up.

The vacancies are similar to the role he had when he first started. So he's more than capable of doing them but taking one will effectively set his career back 12 years.

You then need to continue this thought process to outline why these roles are not suitable alternatives whether this be: location, salary, qualification required, experience required, management responsibility, complexity of task etc etc. The company has a duty to consider anything that may be deemed as a suitable alternative. In identifying his broader experience and skills I would say they are being genuine and open minded. You haven't yet got to the stage where specific roles are under discussion.

[OneDs]

There is no way a job the person had done and was promoted from many years ago could be considered a suitable alternative. His role is redundant and unless they can offer him a suitable alternative at the same level with the same T&C's then it's a no go. However in the current climate it may be beneficial to take a redeployment step down and keep in employment, but only if they can protect his current pay level and T&C's for a few years an then phase him down to the Grade C job or until another opportunity arises back at Grade B.

Given they have an obvious job evaluation process, the pure fact they are evaluated at different grades is enough to say it is not a suitable alternative.

Edited by OneDs on Tuesday 15th March 10:08

[V8mate]

Thanks for all your comments.

I had a chat with him this morning (after letting him read through the thread) so that he was prepared for a meeting with his HR department.

The outcome looks somewhat rosier now. They have agreed to keep him in the 'displacement pool' for five months during which time he can apply for any other positions arising in the company. At any time during that five months (or at the end, whichever comes sooner) he can request to be made formally redundant.

Their terms are pretty reasonable too: one month's pay for each full year served, so he now has plenty of options.

Thanks again

[edc]

The latter part of the process and payment schedule seem very generous.

[fergywales]

For security of a job, has he considered requesting a relocation package if he considered the grade C role for less monthly income versus lower commuting expense? Employer might like this as a months salary for 12 years service is likely to run to tens of thousands, if he requested £10k-£15k to move, they may just take the plunge.

[stewies_minion]

V8mate said:

Their terms are pretty reasonable too: one month's pay for each full year served, so he now has plenty of options.

That's very generous terms. That'll be five months of qualifying / job hunting on full pay followed by a lump sum to leave.

Can't ask for much better than that TBH