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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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My organisation has gone through a restructure. They have created

Resolved Question:

My organisation has gone through a restructure. They have created new roles with tasks that are in my current job but demoted my job by 3 grades. They have made my assistant redundant and incorporated her role into mine. They have created a senior job with my some of my current activities , 1 grade higher than my current grade but matched my current role to the junior position. Others in senior management have been put at risk of redundancy because of a significant change. My role has been described as minimal change. The assistant role that is at risk of redundancy would significantly increase my workload and I am concerned for my health. With 2 of us we have worked in excess of 50hrs pw to get the job done. I believe my job has not been put at risk because my redundancy package is great. Is there anything that I can do as I don't believe the selection process and demotion is legal? Please note that this is a proposal and we are in the consultation process. Thank you
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you with your question. How long have you worked for your employer for?

Customer: replied 2 years ago.
I have worked for my employer for almost 21 years. My assistant has worked there for 12 years and is currently on a year's sabbatical.
Expert:  taratill replied 2 years ago.
Hi I am just preparing an answer for you. Many thanks
Customer: replied 2 years ago.
Thank you. I look forward to your response.
Expert:  taratill replied 2 years ago.
Hi sorry for the delay.
What they are suggesting is certainly not legal. If your role has ceased or diminished then, despite what they say, you are in a redundancy situation. They can only avoid making you redundant if you are offered a suitable alternative employment which is at the same salary and skill level. A demotion would not amount to a suitable alternative employment.
You are therefore entitled to reject their offer of alternative employment and request redundancy pay. If they refuse then you can bring a claim in the Employment Tribunal. You will first need to engaged ACAS early conciliation. You will find details of this on the following website. http://www.acas.org.uk/earlyconciliation
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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