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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75097
Experience:  Qualified Employment Solicitor
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I have a restructing meeting tommorrow--- may lead to

Customer Question

hi i have a restructing meeting tommorrow--- may lead to redundancy i dont know yet..... but i know they are getting rid of my job as i work part time and making it full time.... can i rbign someone to the meeting with me to makes notes?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: so far just my manager
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i do belong to a union but cant use them until 189th sept as only just joined
Submitted: 15 days ago.
Category: Employment Law
Expert:  Ben Jones replied 15 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 15 days ago.
Hi Ben
Customer: replied 15 days ago.
happy to type
Customer: replied 15 days ago.
are you there?
Customer: replied 15 days ago.
Expert:  Ben Jones replied 15 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 15 days ago.

Sorry for the delay, the site has been down most of the day. How long have you worked there for?

Expert:  Ben Jones replied 15 days ago.

Without the requested information, I can only provide you with general information, which hopefully will still be useful to you. There is no legal right to have someone in with you at that meeting. That does not mean you can’t have someone but it would be down to the employer to decide whether to allow it. Often, employers have no problem with someone accompanying you but by law, you are only allowed to have someone with you at a formal disciplinary or grievance hearing. As this is neither, the right to be accompanied does not apply, but there is no harm in asking the employer anyway.

Expert:  Ben Jones replied 14 days ago.

Hello, following my main response above, I just wanted to check that everything was clear. If you have any further queries about this issue, you can reply to me at any time on this portal and I will be happy to help. Thank you.

Customer: replied 14 days ago.
Hi BEn,
I have worked there 13 years.
Customer: replied 14 days ago.
They are restructuring the team. I am now in the position of either accepting casual teaching work. OR applying for a full time position ( my current role now longer exists withing the new structure) I cannot work full time due to my personal circumstances as single parent. the causal work isnt available all year and is not a regular or guarenteed source of work. I feel stuck between two not great options. I have asked if the full time role can be a job share/ split. but they want to advertise for the full time before they would consider that.
Customer: replied 14 days ago.
can they do this? ive not been in this situation before. AM very stressed as have not been in this siutation before and am feeling very anxious,.....
Customer: replied 14 days ago.
On my contract i am on education and marketing ( on the book Im split one day education/ one day marketing. I never really wanted this agreement but my boss changed it after my maternity leave. she changed my contract then and told me i was also doing marketing. I never actually singed that contract...
Customer: replied 14 days ago.
i then dropped my hours just before our first lockdown to 16 hours
Customer: replied 14 days ago.
now on the book im only on 1 day education.... even though in reality it wasnt that clear i often did more than that on education...which will effect if my current role is 80% suitable for the new full time role they have created.
Customer: replied 14 days ago.
i also know that they were meeting to discuss my performance and the amount of sick days i had as part of the restructuring . Are they alllowed to do this.....
Customer: replied 14 days ago.
we are a small charity with an outsourced HR consultant , who as staff we are not allowed to talk to...
Customer: replied 14 days ago.
i think there is someone new on the board of trustees how has HR experience, but my boss didnt watn this to be brought to somoene new....
Customer: replied 14 days ago.
we never have an HR person to talk to which is really hard
Expert:  Ben Jones replied 14 days ago.

Thank you very much for clarifying. The employer can indeed remove a part time role and replace it with a full time one. If the business need have changed and they require a FT role then they have the right to change it to that, potentially making the PT employee who did it redundant. Whilst a job split is an option, it is not a legal right and it is up to the employer to decide whether that is feasible for them to offer, or if they would rather just have one person doing the role. The costs are often higher to have a job split than one person doing the role full time  and that can be a consideration for them.

Also be advised that as part of a fair redundancy procedure, employers are required to offer suitable alternative employment to those employees who are at risk of redundancy. The objective is to avoid having to make them redundant and keep them in a suitable job, even if they have been made redundant from their original one.

There must be an offer by the employer and that must be made before their current job officially ends. However, an offer does not mean the employee automatically gets the job in question and the employer could still potentially take them through a competitive recruitment process, such as an interview to determine their suitability.

Once an offer is made and subject to any successful selection, there are two possible outcomes:

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

- The employee rejects the offer – this should only happen if the job is not suitable and the employee reasonably rejects it. If these conditions are not met, they risk forfeiting their redundancy pay as they would be considered to have resigned instead.

As mentioned, there are two elements to a successful rejection – reasonableness and suitability. Reasonableness is based on the subjective reasons the employee has for rejecting it, such as personal circumstances, health, family commitments, etc. In the end, the main question is whether considering the particular circumstances, the employee acted reasonably in rejecting this offer.

Suitability is based on both objective and subjective criteria, with the most common factors that could make an offer unsuitable being:

- Job content/status – drop in status or significant changes in duties, which do not match the employee’s skills, experience and qualifications

- 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 workplace location, with an increased commute, making it unreasonable to travel there

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

Finally, 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 offer was not suitable and was reasonably rejected, they should still be made redundant from their original job and receive redundancy pay.

Customer: replied 13 days ago.
THank you for your reply and this useful infomation..Can an employer change the job role from part time to full time even though the role isnt different?Im am confused as i htought it was illegal to make a part time person work full time.....It seems this restructure is seemingly based on changing business which really hasnt changed that much at all......
Customer: replied 13 days ago.
also why were my sick leave days part of the restructuring process?
Expert:  Ben Jones replied 13 days ago.

Hi there, thank you for your further queries, which I will be happy to answer. The employer is not forcing you to work full time. They are simply changing their requirements where the PT role basically ceases to exist and they are replacing it with a FT one. You are not forced to take up the FT one – you may be given the option to consider it, but in the end it is up to you to decide whether or not you take it up.

Sick days can be considered as part of a redundancy scoring exercise, although if they are related to a disability, they should be ignored.

Customer: replied 13 days ago.
also the full time position which i am trying to negotiate to a job split... is only goign to be a 1 year temporary contract. i am currently on a continuous...
Expert:  Ben Jones replied 13 days ago.

That will only be relevant in terms of whether you consider the new role as being suitable alternative employment or use the fact it is temporary, together with any other relevant factors, as grounds to reject it and opt for redundancy

Customer: replied 13 days ago.
ok thank you, ***** ***** days be part of a restructuring process ?
Expert:  Ben Jones replied 13 days ago.

Sorry not sure why that part did not post. I said that sick days can indeed form part of a redundancy scoring exercise, as long as they are not related to a disability, in which case they should be ignored. I hope this clarifies things for you a little bit more.

Customer: replied 13 days ago.
I had M.E. for ten years which now i know i could have classed as a disability but will not help in retrospect i dont think as i never had it classed as a disabiity..yes i understand it can be part of a redundancy process, but as we are not at the stage of redundancies....just restructuring and 'slotting ' in jobs.....if i qilfy for 8-% of the role etc.... i wasnt sure if sick days could be part of the process of deciding a new structure under the guise of business need changing...
Customer: replied 13 days ago.
i have reason to believe this is personal but of course hard to prove
Expert:  Ben Jones replied 13 days ago.

It is not for you to register it as a disability, it either is, based on the legal criteria, or it is not. So if it is a disability, which you can see if you meet the criteria using the link below, then they should not really be taking it into account as it can be discriminatory.

https://www.citizensadvice.org.uk/work/discrimination-at-work/checking-if-its-discrimination/check-if-youre-disabled-under-the-equality-act/