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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I have worked for the same company for 35 years, although the

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I have worked for the same company for 35 years, although the name has changed through a couple of take overs. At present the company has joined another big building materials company as a joint venture approx. two years ago, which now leaves us under complete line management of the other company I have been in a manager position with the company since 2006 and run the biggest unit in the south of England. my assistant manager and my landfill manager have left recently due to unreasonable pressure and I'm now being given two options after my job has been advertised externally. (because they want to restructure the site) Take a £4k pay salary cut and keep the title but as plant manager or take a £7k pay cut and be able to claim overtime. (I have averaged 65 hrs a week over the last two years though pay based on 50) is this legal as there has been no consultation only being told what they are going to do?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Under the restructure will your role and responsibilities remain the same?

Customer:

No they are putting in a new unit manager to take over my present role and title as per job advertised

taratill :

Ok and that role is exactly the same as the one you have been doing?

Customer:

Yes,but the company are saying its at a slightly higher level but its the same job role with the same qualification as I have

Customer:

sorry I forgot to say my current title is unit manager covering a quarry and landfill operation, and the job role is quarry manager which is my title

taratill :

So you think it is a sham and is exactly the same job? Have they already recruited for it?

Customer:

No the Advert has been out a month I've been told by friends I only read the advert a couple of weeks ago on aggnet but do not know if any interviews have taken place but because I'm being pressured to make a decision they might have someone lined up

taratill :

Ok the first thing you need to do is ask why you are not immediately put into the role if there are no significant differences between this role and your role then it amounts to a breach of trust and confidence and you could claim constructive dismissal in the event you are not employed. The employer simply is not allowed to advertise your post in this way!

taratill :

If they say there are differences and your job no longer exists then there is a redunancy situation and you should be offered redundancy and unless they can offer a suitalble alternative at the same salary and status you are enitled to redundancy pay.

taratill :

Your employer appears to be attempting to muddy the waters by offering you these 2 alternatives. You do not have to accept either of them without first asking the quesitons I have mentioned above.

taratill :

You would also have to be given at least 12 weeks notice of any proposed change in terms and conditions.

taratill :

If you have any further questions about this please do ask.

Customer:

I am a bit concerned that they might offer a position that may be impossible e.g 2 plus hours travelling as they appear to not care about anything or target me to work me out of the bisiness like they have done with at least 5 long term employees in my area in management positions. I cannot speak to our HR dept as it is completely run by the other company in the JV

taratill :

Oh I'm sorry but I didn't realise the other job was at a differnent location. That being the case they could not force you to do it. If they cannot offer you a job at the same salary or skills then you are entitled to redundancy pay.

Customer:

No sorry its the same location but I fear they could basically offer me another site that would not be impossible for me to take as the travelling distance would be to great, as the company has sites all over the country making me have to leave the company

taratill :

Hi if it is at the same site you should be offered it. They cannot ask you to move to the other site unless there is a relocation clause in your contract.

taratill :

Hi please let me know if there is anything further you would like to know. If i have answered your question i would be grateful if you would take the time to rate my answer. Thank youa.

Customer:

thank you. you have been most helpful

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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