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Category: Employment Law
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I work for a large service industry Company and we have recently

Customer Question

I work for a large service industry Company and we have recently had a new CEO. My current job title is 'ISO Systems Coordinator North' and we have another person with the same title covering the South (UK).

The new CEO and my manager have identified that the two of us are truggling to cope with the amount of work mainly auditing sites that are accredited to ISO 9001 Quality and ISO 14001 Environmental Standards. They also want to increase the number of sites to reach accreditation level in the future.

Therefore, as a result of this, they have decided to re-structure the department. Instead of 2 ISO System Coordinators there with be a Group ISO Manager and two ISO Auditors. Our job titles have subsequently been made redundant and we have both been assessed for the Managerial role and one of us will get the position with the other been given the option of taking the ISO Auditor role. Recruitment for another auditor will then take place.

I would like to know if a job title can be made redundant when there is still the requirement to undertake the auditing I already do, with high demand. Secondly, if I do not get the managerial position, the ISO Auditor position is on a lower salary scale yet covers pretty much the same as the ISO Systems Coordinator role; can they do that to me?

Thank you
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. For now please let me know how long you have worked there.

JACUSTOMER-8pl1pwor- :

Hi, I have worked for the Company since 18/08/08 so, almost 5 years.

Ben Jones :

Redundancy is used to describe a situation in which an employer decides to reduce the number of its employees, either within the business as a whole, or within a particular site or job role. There are various reasons as to why redundancies may be required, such as economic pressure, changes in the nature of products/services offered, internal reorganisations, relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason conformed to the statutory definition of a redundancy.

The Employment Rights Act 1996 defines a redundancy situation as falling within one of the following circumstances:

  1. Business closure – where the whole of the employer’s business is closed
  2. Workplace closure – closure or relocation of one or more sites
  3. Diminished requirement for employees to carry out work of a particular kind.

Whilst the first two reasons are self-explanatory, it is the third reason that will be used most commonly and also the one that brings the most challenges.

Examples of when there is a diminishing responsibility to do work of a particular kind are:

  • There is the same amount of a particular kind of work but fewer employees are needed to do it. This would generally be seen as the "classic" situation in which the employer decides to make better use of its resources. This will also include consolidating some of its jobs (e.g. spreading out the work that is affected amongst existing employees). This is where many employees get confused as they believe a job has to disappear for them to be made redundant, however that is certainly not the case.
  • There is less work of a particular kind and fewer employees are needed to do it (both the work and the headcount shrink)
  • There is less work of a particular kind, but the same number of employees are required overall.

If you do not wish to accept the new role that they have offered because it is on a lower salary then you do not have to and can reject it claiming it is unsuitable, claiming redundancy instead.

Ben Jones :

Can you please clarify the reason for leaving a negative rating when your question was fully answered?

JACUSTOMER-8pl1pwor- :

My question was in no way fully answered. My question was not to do with redundancy of which a splurge of nonsense was received. It was about making a job title redundant. I have heard of this when a job becomes irrelevant or there being no use for the role, however, I explained our department was expanding due to the amount of work the job title undertakes. You had not answered whether a Company can just change a job title yet for them to undertake literary the same duties for less pay.

Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola

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