Ducati Sporting Club UK > General > Idle Chat > Employment Laws and redundancy, any help please

[paulmort]

A friend of mine has been told that his position is possibly due to become "at risk" due to a re-organisation that means many people will go, but some can "transfer" or apply for jobs that are "different" to their current role

He asked me to enquire, is there a certain level of change in role where he then didnt have to apply (or could refuse) the new role without being put at risk as seen as resigning, thereby foregoing the redundancy package

Im told that the new role sees his responsibilities reducing from a team of 30 plus to a team of 13. Also he would now have to report to someone of the same level as him, whereas before he had autonomous control. It also means, so Im told, that this person even though keeping his management level , would be really working at a level below his current position

I hope this is making sense so far

Im told that my mate's proposed position would see him put "in the organisation chart" at the same level as people currently reporting into him, ie not even a lateral transfer but a perceived and probable demotion, even though keeping pay and benefits at the current level.

So his questions were:-
Do I have to accept the new role?
If he didnt, would it be seen as "resigning" thereby saving the Company the redundancy package?
If he did accept the new role and after the trial period it wasnt working (for him or the company) could he then still claim his redundancyor even claim constructive dismissal?

Im sure my mate still has loads of other questions, but as time is drawing short, these are the most pressing at this time

Help from all you Lawyers out there

Let me know and I'll pass your comments on
rgds

Mort

[AK]

Paul - am sure Ruth could help, and I'll find out more for you tomorrow if I can.

C

[Redruth]

Just looked it up. My Employment Law book is 4 years old and I'm rusty on this as I have yet to begin my Employment Law module at college, but I believe there are two questions to be considered:-
1. is the offer of alternative employment suitable and 2. if so, is the refusal by the employee to take it up unreasonable. It's Employment Rights Act 1996 Section 141, especially subsection 3 of that clause that he should look at (www.hmso.gov.uk and find the statute or e-mail me and I'll download a copy and forward it). The case law seems to suggest that he has to make an attempt to fit into some other position in the group. What his employer may be lining him up for is dismissal if he fails to accept the other job but just offering him a job with the same salary but demonstrably different conditions doesn't make it 'acceptable' or 'suitable' in the eyes of the law. 'Suitable' alternative employment means conditions which are reaonsably equivalent to those under the previous employment, which would include the capacity in which he is being asked to work. Sounds like he's being demoted from what you say. It's worth a few quid to run this by an employment lawyer because he mustn't reject the offer out of hand thereby leaving himself open for dismissal. If it's a take over situation there are rules on Transfer of Undertakings - lots of things may be hiding in the wings and surely it's worth getting some professional advice. U2U me if your friend wants a chat with someone at my firm. I'd love to be more help and when I'm up to speed on this stuff I certainly will be happy to give free advice. Just can't rely on me as yet as I'm still a solicitor's slave!

[NBs996]

There's some useful info on http://www.emplaw.co.uk
been swotting up myself lately...

[Guido]

Paul,

My wife is HR Manager for a FTSE100 corporation so this type of stuff is her 'bag' if you know what I mean.

She's away on business till Friday pm but if you can wait till then so's I can show her your post then I'll get her view on it and U2U her advice on what rights your mate has and what the firm can and can't do under not only current law but also business ethics which do also play a part.

Guido.

[paulmort]

Guys and Gals
Thanks so much for this and I'll pass it onto my mate in the morning
Any further advice for him gratefully received
mort

[paulmort]

Folks,
My mate asked me to thank you all for the info. Looks like he's safe and he will be staying where he's at. I know he was very worried at one stage but now all is clear and he's got the job he wanted, which will surprise some folks.
Thanks again for all the guidance which I dutifully passed on
bestest
mort

[AK]

Paul - thats great to hear mate.
Give him my regards!

Luv,

C
x

[Redruth]

Excellent news. Too tired to catch up on all the posts as have been busting a gut at work but nice to see some good news Paul.

CK - love the Avatar.

[AK]

Originally posted by Redruth


CK - love the Avatar.

mm - its the one Al & I have used on 'joint used sites' for a long time, but havent had it here for a few months:P

C

ps: ta to NBs for hosting pic