Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
What prompted all of this?
ok so from 7 area managers they are reducing down to 3 and those who were unsuccessful were offered lower paid jobs to do instead?
Ok so this is a redundancy situation. The term 'redundancy' is used to describe a situation in which an employer decides to reduce the number of its employees. There are various reasons as to why redundancies may be required, such as economic pressure, changes in the nature of products/services offered, internal reorganisation, workplace relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason satisfied the statutory definition of a redundancy, which can be found in The Employment Rights Act 1996:
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. Reduced requirement for employees to carry out work of a particular kind (this is where many employees get confused as they believe a job has to actually disappear for them to be made redundant).
It is the third reason which your situation would fall under. So as long as the employer can show that their situation fell within one of the accepted reasons for declaring a redundancy, the test will be satisfied and the focus then shifts on the remainder of the redundancy procedure. This would include what consultation took place and whether any suitable alternative employment was offered to those at risk. In your case they offered you alternative positions, which were lower paid – you do not have to take these and if you believe that they are not suitable then you would simply be entitled to redundancy instead.
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That is correct unfortunately - companies are allowed to reduce their workforce if needed, that is why redundancy exists in employment law. So unless you can show that the selection process was unfair, i.e. you were not selected for the remaining jobs in a fair manner then they can make you redundant or offer you whatever positions are available at the time, such as the lower paid job. It is up to you which option you go for. Hope this clarifies?
For appeal yes you can appeal on any grounds you believe are relevant such as these. But grounds to claim unfair dismissal I would say unlikely.
The grounds would be weak for a constructive dismissal claim unfortunately. It does not prevent you from trying to negotiate with them for a settlement but actually claiming in tribunal will be quite difficult
yes correct, you could always threaten constructive or unfair dismissal claim just to make them reconsider their offer of redundancy. It is all about negotiating and trying to get their best offer out of them but in the end you cannot force them to so the only way would be by making a (risky) tribunal claim
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You are welcome, best of luck. Also remember that before making a clam you have ACAS to help you negotiate further with the employer for free so do not hesitate to approach them
You are welcome best of luck