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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50180
Experience:  Qualified Employment Solicitor
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my company ( tesco ) is restructuring i am currently employed

Customer Question

my company ( tesco ) is restructuring i am currently employed as a deputy manager in northern ireland.
in the new structure the deputy manager job is being made redundant and replaced by a "trade manager" their roles and respnsibilities are the same as the deputy in this store -we have to apply for this trade role and it is open to the whole of the uk so anyone can apply. why could i not be job matched into this role - other deputys in other stores have significant changes to their roles so i can understand the job being advertised but i cannot understand why i cant be jobmatched
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me are you being made redundant or are they offering you a restructure package please. and how long have you been with Tesco please.

JACUSTOMER-ds7o5kcw- : Hi im in 90days consultation redundancy is an option
JACUSTOMER-ds7o5kcw- : Hi currently on 90 days consultation options are
JACUSTOMER-ds7o5kcw- : On 90 days consultation options are redundancy .apply for trade job .step down to a lesser management role
Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you

Ben Jones :

Hi, sorry I tried to get hold of you earlier to let you know that I was still waiting for an answer to the second part of my initial query, specifically how long you have worked there for. I need this please before I can provide my full response, thanks

JACUSTOMER-ds7o5kcw- : Hi 24 years in may
Ben Jones :

Thank you. There is no legal obligation on an employer to match you into a post in a sense that they guarantee you a position in the new structure. In fact the matching process has already been done because you have been offered the opportunity to apply for the new post. The employer is simply required to offer you suitable alternative employment – this means they have to offer you a job that they believe is suitable for you but it also means that you may be expected to face a competitive recruitment process before you get it. So they could consider you against others before deciding whether you are the most suitable candidate for it.

However, if the new position is more or less the same as our existing post and the employer still requires the same number of employees doing that job, you can try and challenge the employer’s claims that there was a redundancy position.

The reason for the proposed redundancies will rarely be challenged but the employer will simply have to justify that the actual reason satisfied the statutory definition of a redundancy, which can be found in The Employment Rights Act 1996:

1. Business closure – where the whole of the employer’s business is closed

2. Workplace closure – closure or relocation of one or more sites

3. Reduced requirement for employees to carry out work of a particular kind (this is where many employees get confused as they believe a job has to actually disappear for them to be made redundant). All that is needed is for the employer to require less employees than currently are doing the job.

So if the job is more or less the same and the same number of employees are required to do it you can argue that this is not a genuine redundancy situation because it does not meet the definition of a redundancy as described above.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

JACUSTOMER-ds7o5kcw- : Hi does this apply to northern Ireland employment law
JACUSTOMER-ds7o5kcw- : Wat i was told today was the deputy manager role was being removed to a job of lesser status and so the role role had to be removed and redundancy was an option
Ben Jones :

Hi, yes it does - the laws are the same in England, Wales, Scotland and Northern Ireland.

Ben Jones :

If the job was being removed then a redundancy could exist but the key is whether the old job is the same as the new one. It is no good just to change its title but retain the same tasks and the same job description so you must look at whether it is actually the same job with just a change of title or a genuine deletion where a new role is created with a difference in tasks, and if the job is the same then the initial argument I raised would still apply

Ben Jones :

Does this clarify your follow up query?

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you