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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45313
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Please can I ask advise? I work global

Customer Question

Hi, please can I ask for your advise?
I work for a global organisation who are going through a reorganisation. Basically a tier of management has been reduced which did not affect my role. However the manager who has been affected has been given my role and I have been asked to do a lesser role, so to accomadate the other person. I know he, with the support of his manager, have been working behind the scenes to position this out come. The other person was offered other roles but felt they weren't senior enough, furthermore my current manager openly stated the company are keen to keep us both, but my current role was the only way the other person would stay (seen as senior enough). We are currently working on what I can continue with, which is positive in terms of me still having a job, but it will be reporting into my old role now held by the other person. I am not sure what the outcome will be I am wondering how this stands from a legal perspective. Could I insist my benefits remain unchanged? Could I ultimately reject this as my role isn't actually being made redundant?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello how long have you worked there for?
Customer: replied 1 year ago.
15 years plus
Customer: replied 1 year ago.
12 months in current role following promotion
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. What you are facing is better known in employment law as ‘bumping’. This is where someone facing redundancy is placed into a different role, occupied by someone else, ‘bumping’ them out of their job. This could be entirely legal if done properly, which would involve the employer following a fair redundancy procedure. This means they need to consult with you as you are in effect going to face redundancy if someone else is placed in your role. The employer should also consider offering you suitable alternative employment to try and keep you in a job. However, if there is nothing available which you consider suitable, you could reject whatever has been offered and ask for redundancy.
This is where you could start negotiating with the employer with a view of making what is on offer suitable. So you could say you accept you will lose your role and seniority but if they keep your pay and benefits the same it will make the job suitable for you and you would be willing to take it and remain in their employment. However, make it clear that if this is not possible and your pay, benefits, seniority, etc are all adversely changed then the role will become unsuitable and you will have the right to reject it and opt for redundancy instead.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45313
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 3 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks, ***** ***** just clarify. As my role isn't being made redundant is this "bumping" still acceptable in law? I.e. There are 8 other roles at my level globally that haven't been considered, why are we all not put at risk and a selection process undertaken.
Expert:  Ben Jones replied 1 year ago.
Hello, even though your job is not being made redundant, you are still going to be made redundant as a result of the displacement from the bumping. In such situations an employer is not obliged to place everyone doing the same or similar job to the bumped employee at risk and then select which one is to be replaced. They need to find a suitable alternative for the employee who is originally being made redundant and it is then the person in that role who will be bumped

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