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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6466
Experience:  15 years experience of advising on employment law matters
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My organisation has gone through a restructure. They have created

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My organisation has gone through a restructure. They have created new roles with tasks that are in my current job but demoted my job by 3 grades. They have made my assistant redundant and incorporated her role into mine. They have created a senior job with my some of my current activities , 1 grade higher than my current grade but matched my current role to the junior position. Others in senior management have been put at risk of redundancy because of a significant change. My role has been described as minimal change. The assistant role that is at risk of redundancy would significantly increase my workload and I am concerned for my health. With 2 of us we have worked in excess of 50hrs pw to get the job done. I believe my job has not been put at risk because my redundancy package is great. Is there anything that I can do as I don't believe the selection process and demotion is legal? Please note that this is a proposal and we are in the consultation process. Thank you
taratill :

Hello my name is ***** ***** I am happy to help you with your question. How long have you worked for your employer for?

Customer: replied 3 years ago.
I have worked for my employer for almost 21 years. My assistant has worked there for 12 years and is currently on a year's sabbatical.
Hi I am just preparing an answer for you. Many thanks
Customer: replied 3 years ago.
Thank you. I look forward to your response.
Hi sorry for the delay.
What they are suggesting is certainly not legal. If your role has ceased or diminished then, despite what they say, you are in a redundancy situation. They can only avoid making you redundant if you are offered a suitable alternative employment which is at the same salary and skill level. A demotion would not amount to a suitable alternative employment.
You are therefore entitled to reject their offer of alternative employment and request redundancy pay. If they refuse then you can bring a claim in the Employment Tribunal. You will first need to engaged ACAS early conciliation. You will find details of this on the following website.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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