How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50165
Experience:  Qualified Employment Solicitor
Type Your Employment Law Question Here...
Ben Jones is online now

I was told on Monday 29th September that my role was at risk

This answer was rated:

I was told on Monday 29th September that my role was at risk of redundancy and called to a 1st consultation meeting on the 1st October.
At this meeting I asked for confirmation as to which role was being made redundant as my current job title is Project Manager but since May2014 the company have been trying to get me to accept the role of Support Manager (and it is this role they are making redundant) for which up to this point I have not signed anything to agree to the change in job description, though I admit that since May I have done some of the work within that description alongside my project work, however the company view is that the project work was BAU and that it was just a title change.
I have been asked to submit a document detailing what I think are the risks involved with them sharing my work out across other areas of the business and my first thoughts are why should I but how would this impact if I wanted to take this further? The last six months have been very difficult I have felt sidelined and whilst I had not to the point of the notice of redundancy raised any formal grievance that's not to say that I had not spoken with HR on a couple of occasions and there is plenty of documented conversations between me and my line manager about my concerns about the proposed change in role.
Any advice on how to proceed would be greatly appreciated, this document has to be in by the 8th and the 2nd meeting is booked for the 14th where they will confirm the role is to be terminated as of the 17th October.
The only other alternatives they have offered me are trainee case manager or telephone advisor though I know they have just offered external team leader role.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

Customer: 8 years 7 months
Ben Jones :

The aim of a redundancy consultation is for both the employer and employee to discuss the proposed redundancies and find potential ways of avoiding them. Whilst the employer has a duty to try and find suitable alternative employment that exists at the time and offer it to you for your consideration, at the same time you can be asked to provide your thoughts on the situation and comment on ways you may feel the redundancies could be avoided or you could save your job. Whilst you cannot be forced to do that, if there were options or suggestions which you could put forward for the employer's consideration you have nothing to lose by doing that and it would be recommended that you do so. If you have anything in mind which could highlight alternatives for making you redundant and prompting the employer to reconsider their position then it would be helpful and if you can do this through the document you have been requested to submit then you should consider doing so. Whilst you would not be penalised if you do not do this, it may not allow the employer to consider any alternatives which you may have in mind and which could allow you to retain your current job (or a variation of it) without having to go down the redundancy route

Customer: What if I feel whatever suggestions i put forward they will be declined, there has been an underlying feeling of trying to get me out ever since May when I wouldn't sign the new job role, this smacks more of a personal move rather than a business decision, especially as on the day of my meeting, the new group CEO sent out a company wide email detailing the exciting changes that were going to be happening over the coming months .....and all they can offer me is a trainee role....
Ben Jones :

they have to offer you whatever suitable alternative employment is available at the time - if the trainee roles are all that is available then that is all they can offer, but if you know of other positions that would also be suitable and they have not been offered to you, you may certainly challenge them over that

Customer: And what's your view on the job role discussions I have had
Ben Jones :

What discussions specifically?

Customer: On phone 5 minutes
Customer: Since May I have been disputing the change in job role and title, we have had 5 meetings and as of 26th September it was still unresolved
Ben Jones :

if you were not formally moved to the new job and had specifically indicated you are disputing this and were not happy to move the employer would find it difficult to argue that your present job is being made redundant because it may not have formally become your current full time job. It could also look suspicious that they were trying to move you into a new job and suddenly that job has become redundant.

Customer: so what would be your advise on what to do next?
Ben Jones :

submit the proposals as requested, see what happens with the consultation period and if the employer proceeds with the redundancy then you can appeal that and if your employment is terminated all you can do next is consider a claim for unfair dismissal in the employment tribunal

Customer: Ok so don't mix the two, at this stage endeavour to show that I have done all I can to save the job?
Customer: A job I have not agreed too :-)
Ben Jones :

yes exactly - you have specifically refused to accept the new job and even though you helped them with aspects of it, it had never become your official job so at the least you still have another job which you are currently doing and that is your substantive post which you have done previously

Customer: Thank you for your help
Ben Jones :

you are most welcome

Customer: Excellent service, although it won't let me choose the smiley face
Ben Jones :

occasional technical issues, we will resolve, many thanks

Ben Jones and other Employment Law Specialists are ready to help you