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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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please can you give me some advice.

Customer Question

Please can you give me some advice?


 


The company I work for as a warehouse and transport manager have stated that they have decided to restructure the company and I have been told in writing that I will be demoted to a warehouse operative and my salary will reduce from £32000 to £170000 to £19000pa, I am also part of the management team at present and believe this will also end, is this legal? 


 


Do I have rights to dispute this, it appears it is only my department that they are targeting because nothing has been said to the service or projects managers and feel discriminated against


 


They have also stated that there may be voluntary redundancy but they can choose whom they accept to volunteer, 


 


Do I have the right to request that they accept my voluntary redundancy request as I feel it is unjust to make such an insulting pay offer,


 


Do I have the right to refuse this demotion and stay at my current salary?


 

Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.
Hello and welcome to Just Answer, if you are the only person effected by this restructure then you should ask why your position is effected and not others. Your employer is not entitled to fabricate a redundancy situation.

If you do not want the new post you are legally entitled to a redundancy payment no matter what the employer says.

You can leave and claim it in the employment tribunal. If you believe that the restructure has been fabricated to get rid of you then you can also claim unfair dismissal.

Please remember to give positive feedback. I will be happy to answer your follow on questions.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Jenny i have 2 warehouse personnel i am responsable for at present and they have been sent the same letter. the company state the reason for this restructure is because of the current economic circumstances. i find this difficult to believe as they have just promoted the service operative to a NBmanager role. and there are 5 people in the projects department. they have just taken on a new salesman. opened an office in london and in the budget there is provison for the emploment of 2 more people. to me it feels if your face dont fit they will try to get you out. the service and projects manager are all very friendly with the operations manager who is responsable for this decision. over the past 5 years the company has grown from a 3 million to a 8 million pound company and are not in finacial difficulty. any help you can offer would be greatly appreciated.

Expert:  Jenny replied 3 years ago.
Hello as I stated in my original answer you are entitled to redundancy if you do not want to take the new role.

Your employer should explain to you why your department is effected when recruitment is occurring in other parts of the business. If you think that this is because your face doesn't fit then you could claim unfair dismissal (as I stated before). The tribunal would then have to determine whether this is a sham to get rid of you for another reason.

Please remember to give positive feedback. I will be happy to answer your follow on questions.
Customer: replied 3 years ago.

Thank you for this information. i will ask the questions you have suggested. may i send you the answers i get from tomorrows meeting for your opinion ? thank you for your guidance. have a good day.

Expert:  Jenny replied 3 years ago.
Yes please don't forget to give my original answer positive feedback though as I am not otherwise credited for the time I have spent working on this.
Customer: replied 3 years ago.

Apologies i thought i had. i have done it now.

Expert:  Jenny replied 3 years ago.
Thank you x
Customer: replied 3 years ago.

Hi Jenny. Update on my position. i have spoken to my company and have come to an acceptable redundancy agreement. i thank you for your guidance and the x that was a very nice touch and appreciated. i should receive the written agreement tomorrow. hopefully there will be no surprises :-) i shall confirm all is well once i leave on the 22nd of March. again thank you. have a lovely evening x

Expert:  Jenny replied 3 years ago.
Glad it seems to be working out for you and thanks for the update!

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