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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61713
Experience:  Qualified Employment Solicitor
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I have worked for a charity for the past 11 months and 15

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I have worked for a charity for the past 11 months and 15 days as a property services officer.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have discussed with HR and was told there isnt a redundancy policy in place.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: permanent employee. do not belong to a union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am being given less than 20 days to either accept a change of contract from full time to part time, change of job title and salary. or accept redundancy

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

What would you like to ask about this please?

Customer: replied 6 days ago.
Hi Ben, I am faced with redundancy or accepting a part time contract with a different job description from the one I accepted in the first place. My role is housing and property officer. Recently I was absent from work for approx a month due to a hernia. upon my return to work i was given a letter informing me about a business case proposal for a restructure. the only affected employee is myself. the charity wants to change my role from full time "housing and property officer" to "housing officer part time". They want a response before the 15th December.
Customer: replied 6 days ago.
i want to keep my current role. what should i do?

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. If your current role as it stands, ceases to exist then it will be a potential redundancy situation and you cannot force them to keep you in the current role.

 

According to the Employment Rights Act 1996, redundancy occurs in the following circumstances:

 

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

2. Workplace closure – closure or relocation of the location where the employee worked

3. Reduced requirement for employees to carry out work of a particular kind

 

Generally, redundancy occurs when an employer decides to reduce the number of its employees, either within the business as a whole, or within a particular site, business unit, function or job role. So they are trying to reduce the employees from working full time to part time. There are various reasons why this may happen, such as economic pressure, changes in the nature of products/services offered, internal reorganisation, workplace relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason satisfied one of the statutory definition of redundancy above.

 

If there is a redundancy situation, the employer has a duty to make a reasonable search for suitable alternative employment (SAE). If such positions exist they must then be offered to those at risk of redundancy. The objective is to avoid having to make someone redundant and keep them in a job.

 

There are two possible outcomes of this:

· The employee accepts the offer – in this case their employment will continue in the new role and thee would be no redundancy

· The employee rejects the offer – if that happens and the employee expects to still be made redundant, whether they do depends on the suitability of the offer and the reasonableness of their rejection, which I will discuss below.

 

If the offer is considered suitable and the employee unreasonably rejects it, they will be deemed to have resigned and would not be made redundant or be entitled to a redundancy payment. If the offer is unsuitable and they reasonably reject it, they can still be made redundant and receive redundancy pay.

 

Reasonableness is based on the subjective reasons the employee has for rejecting it, such as personal circumstances, health, family commitments, etc. Suitability is based on both objective and subjective criteria, with the most common factors that make an offer unsuitable as follows:

· Job content/status – drop in status (even if pay remains unchanged), changes in duties, which do not match the employee’s skills

· Pay and other benefits – significant drop in earnings/benefits (e.g. basic pay, bonuses, overtime, commission, etc)

· Working hours – change in shift pattern, significant extension/reduction of working hours

· Location – new location making it unreasonable to travel to the new place of work

· Job prospects – going from permanent to temporary or fixed-term work

 

Where an offer of alternative employment has been made and its terms and conditions are different to the employee's current terms, they have the right to a 4-week trial period. This is an opportunity for both employer and employee to determine its suitability. If during the trial period they decide that the job is not suitable they should tell their employer straight away and terminate the trial period. Assuming the above criteria apply and the offer was not suitable and was reasonably rejected, they should still be made redundant from their original job and receive redundancy pay.

 

Does this answer your query?

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 6 days ago.
Partially. I am not interested in the redundancy pay. I want to avoid a demotion. The SAE on offer is a part time position with the removal of the property component. The job description remains essentially the same while the hours are reduced. I will still be required to carry property related tasks such as repair management. I want to argue that; after reading the business proposal and the Employment Rights Act 1996, none of the redundancy circumstances apply to the case:
1. Business closure – where the whole of the employer’s business is closed - Not happening
2. Workplace closure – closure or relocation of the location where the employee worked -Not happening
3. Reduced requirement for employees to carry out work of a particular kind -can be argued by using SAE and business case for restructure presented to me.
The problem I am facing is the illogical deduction and conclusion the charity reached after reading the business case, coupled with the short notice for change of job content/status, working hours and consequent pay.
Can I send you the contract of employment , original job description, SAE and business case proposal for restructure?
Customer: replied 6 days ago.
Partially. I am not interested in the redundancy pay. I want to avoid a demotion. The SAE on offer is a part time position with the removal of the property component. The job description remains essentially the same while the hours are reduced. I will still be required to carry property related tasks such as repair management. I want to argue that; after reading the business proposal and the Employment Rights Act 1996, none of the redundancy circumstances apply to the case:
1. Business closure – where the whole of the employer’s business is closed - Not happening
2. Workplace closure – closure or relocation of the location where the employee worked -Not happening
3. Reduced requirement for employees to carry out work of a particular kind -can be argued by using SAE and business case for restructure presented to me.
The problem I am facing is the illogical deduction and conclusion the charity reached after reading the business case, coupled with the short notice for change of job content/status, working hours and consequent pay.
Can I send you the contract of employment , original job description, SAE and business case proposal for restructure?
Thank you.
Customer: replied 6 days ago.
Partially. I am not interested in the redundancy pay. I want to avoid a demotion. The SAE on offer is a part time position with the removal of the property component. The job description remains essentially the same while the hours are reduced. I will still be required to carry property related tasks such as repair management. I want to argue that; after reading the business proposal and the Employment Rights Act 1996, none of the redundancy circumstances apply to the case:
1. Business closure – where the whole of the employer’s business is closed - Not happening
2. Workplace closure – closure or relocation of the location where the employee worked -Not happening
3. Reduced requirement for employees to carry out work of a particular kind -can be argued by using SAE and business case for restructure presented to me.
The problem I am facing is the illogical deduction and conclusion the charity reached after reading the business case, coupled with the short notice for change of job content/status, working hours and consequent pay.
Can I send you the contract of employment , original job description, SAE and business case proposal for restructure? My work and initiative to train and empower the housing officers became my downfall.

Thank you.
Customer: replied 6 days ago.
Partially. I am not interested in the redundancy pay. I want to avoid a demotion. The SAE on offer is a part time position with the removal of the property component. The job description remains essentially the same while the hours are reduced. I will still be required to carry property related tasks such as repair management. I want to argue that; after reading the business proposal and the Employment Rights Act 1996, none of the redundancy circumstances apply to the case:
1. Business closure – where the whole of the employer’s business is closed - Not happening
2. Workplace closure – closure or relocation of the location where the employee worked -Not happening
3. Reduced requirement for employees to carry out work of a particular kind -can be argued by using SAE and business case for restructure presented to me.
The problem I am facing is the illogical deduction and conclusion the charity reached after reading the business case, coupled with the short notice for change of job content/status, working hours and consequent pay.
Can I send you the contract of employment , original job description, SAE and business case proposal for restructure?

My work and initiative to train and empower the housing officers became my downfall.

Thank you.

I will not be able to review documents as part of the basic fees you pay for this service unfortunately, we are just a Q&A site. In the end you can argue your case as much as you want with the employer but they are not obliged to agree that this is not a redundancy or allow you to keep your job. The only way t challenge further then would be in the Employment Tribunal