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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46185
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can I be demoted in my job title and wage if a company is restructuring

Customer Question

Can I be demoted in my job title and wage if a company is restructuring the department.
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.
I worked her 10 years in March 6 years at the management position
Customer: replied 1 year ago.
I have had no disciplinary action against work ethics, excellent sick record.
Expert:  Ben Jones replied 1 year ago.
Have you been told that redundancy is an option instead?
Customer: replied 1 year ago.
in my first letter yes but I have just received a letter today outlining that they wish to reduce my hours as a leisure manager from 40 to 24 and give me 16 hours as housekeeping supervisor which is a lower paid job role reducing my annual income by £1000. We have just lost a member of the gym team which will see a increase in my classes from 4 a week to 8 a week including all the cleaning task personal training and gym inductions as they are not replacing him. I will still be responsible for the team I run including all administration task and health and safety.
Customer: replied 1 year ago.
My first letter did not offer me redundancy but that the company might make me redundant as part of the changes. I have had not been offered redundancy. I have a meeting on Thursday to discuss the new proposal.
Expert:  Ben Jones replied 1 year ago.
In such a reorganisation the likelihood is that you are facing a redundancy situation because the employer no longer has a need for employees to undertake the specific job you are doing and that in law will trigger a redundancy. If there is a redundancy situation, an employer has a duty to offer those employees at risk any suitable alternative employment (“SAE”) that may exist at the time. The objective is to keep the employee in a job rather than make them redundant. Therefore, if an employee accepts an offer of SAE, their employment will continue in the new position and they would lose their entitlement to a redundancy payment. If the offer is considered unsuitable and the employee refuses it, they will be made redundant and still receive redundancy pay. However, if the offer was suitable and the employee unreasonably refuses it, they would effectively be resigning and will lose their entitlement to redundancy pay. So the best argument you have here is to state that the offer you have been made is unsuitable and as such you should be entitled to redundancy instead. This is your basic legal position. I have more detailed advice for you in terms of the law n alternative employment and how to argue it is unsuitable plus your options if the employer refused to make you redundant, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46185
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. What makes an offer suitable and when can an employee reasonably refuse it requires you to look at the most common factors which would make an offer unsuitable:· Job content/status – drop in status, substantial changes in duties, etc.· Pay and other benefits – significant drop in earnings/benefits (e.g. basic pay, bonuses, overtime, sick pay, holidays)· Working hours – change in shift pattern, removal of overtime, extension/reduction of working hours· Change of workplace – new location making it unreasonable to travel to the new place of work· Job prospects – going from permanent to temporary work, becoming self-employed or being employed on a fixed-term contract. Where an offer of alternative employment has been made and its terms and conditions are different to the employee's current terms, they have the right to a 4-week trial period. If during the trial period they decide that the job is not suitable they should tell their employer straight away. This will not affect their employment rights, including the right to receive statutory redundancy pay. So it is important to consider whether any offer that has been made is suitable or if there are reasonable grounds to treat it as unsuitable and safely reject it, opting for redundancy instead. If the employer refuses to acknowledge the offer is unsuitable and offer redundancy then you will have to consider resigning and making a claim for constructive dismissal and pursuing your redundancy payment and compensation. This is done in the employment tribunal.
Customer: replied 1 year ago.
Thank you this is great information to take into my meeting on Thursday
Expert:  Ben Jones replied 1 year ago.
You are welcome,best of luck!

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