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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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In a company re-structure, my job name is XXXXX XXXXX slightly

Resolved Question:

In a company re-structure, my job name is XXXXX XXXXX slightly and although the responsibilities are much the same the salary will be reduced. I have been told to apply for the new post and will more than likely be offered the position. I've been told I would not be able to apply for redundancy...is this correct?
I am 53 and would prefer to take redundancy if offered.
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.

Alex Hughes :

My name isXXXXX and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

Alex Hughes :

It sounds like you are being dismissed from your old job if you're having to re-apply. Am I right?

Customer:

Yes the old job is going

Alex Hughes :

OK. Your employer can only reduce your pay with your agreement otherwise they'll be in breach of contract and you can take legal action for the difference. In your situation it appears they are dismissing you or making you redundant from your old job so the rules about redundancy apply.

As part of any redundancy process there is consultation and whilst the aim of that is generally to discuss how to avoid redundancies asking them if they want to offer you voluntary redundancy is not going to hurt in your situation if you are happy to go. If they refuse to consider redundancy then you may have to make a claim for unfair dismissal because the proper route does not appear to have been followed. Also your employer cannot dismiss you from your job and tell you to re-apply without offering some compensation.

Make sure you are allowed to work your notice or be paid in lieu if the contract allows, and to get your statutory redundancy payment on top of that if you have worked there 2 years or more and are, as such, entitled to this payment. Also take (or ask to be paid for) your holiday entitlement that is left for the year. You can take the new job and see how things go for a short time without losing your rights.

Customer:

Thank you that's really helpful. Smiley face time!

Alex Hughes :

So just to be clear: changing your job and reducing your pay without your agreement is a breach of contract unless you agree. If the job is no longer available and you are being dismissed that is redundancy and the rules about making redundancy payments apply. The fact that you have to re-apply for your job suggests that you are being dismissed in a redundancy situation. If having an informal chat does not help then you should lodge a formal grievance immediately.

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