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Ben Jones
Ben Jones, UK Lawyer
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My department is restructuring & my post would be deleted &

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Hi, my department is restructuring & my post would be deleted & a virtually identical new post created 2 grades lower which I would have to be interviewed for. I've been given 4 working days to apply for voluntary redundancy. If I don't apply, my appeal against the downgrade is dismissed & I do not succeed in the interview, then it would result in compulsory redundancy. Is this standard procedure & legal?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have you worked there for?

Customer: replied 1 year ago.
Hi Ben Thanks for answering. 10.5 years.
Expert:  Ben Jones replied 1 year ago.

is there a difference between what you would get if it was either voluntary or compulsory redundancy?

Customer: replied 1 year ago.
voluntary would be double
Expert:  Ben Jones replied 1 year ago.

Are you willing to apply for VR?

Customer: replied 1 year ago.
I would rather fight to retain my job at the higher grade, but don't want to run the risk of CR.
They have engineered it so that I have to give my answer re: VR before I even submit an appeal against the restructure.
Customer: replied 1 year ago.
Sorry I should have said before the consultation closes on the restructure propoals
Expert:  Ben Jones replied 1 year ago.

The way the company have gone about this is legal. Here is how a typical redundancy procedure could look like when there is VR involved as well:

Jobs are identified for redundancy and those in them are placed at risk of redundancy. The employer could then offer the opportunity of VR to provide an incentive for people to come forward and be made redundant. This is usually done before any consultation period begins. Those who apply or VR are not guaranteed that their application will be accepted but if they put their name forward for VR then it should not affect how they are treated further along, e.g. they should not automatically be selected for compulsory redundancy as a result.

The employer will eventually close the VR applications process. It is up to them how long this is available for. Those who have not applied or who are unsuccessful will just go back and be treated the same as they were at the start of the process – basically at risk of redundancy and enter the consultation process where they are offered any suitable alternative employment that may be available. They have the right to apply for such positions and if successful they will take them up and avoid redundancy. F unsuccessful, assuming there is nothing else available they will likely have to go through compulsory redundancy.

As you can see this is a very similar position to yours, so yes it is legal.

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

Customer: replied 1 year ago.
Ok thank you. That's helpful to know.So then, if I don't apply for VR now and apply for the new downgraded post, which I am qualified for, and am unsuccessful, would I then have a good chance of suing my employer for constructive dismissal?
Expert:  Ben Jones replied 1 year ago.

Not sure you will. First of all it is not constructive dismissal you are after unless you resign. You will be looking at unfair dismissal instead because by being unsuccessful you will be made redundant and dismissed. Also it is not unfair to dismiss you because you were unsuccessful in an application for a job you are qualified to do. You have the right to apply for it but that doe snot guarantee you will get it if the employer has objective reasons for considering someone else more suitable for it. Only if they cannot shoe any justifiable factors for not selecting you would there be a potential claim. Hope this clarifies?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you very much for your answers.
Expert:  Ben Jones replied 1 year ago.

You are most welcome, all the best

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