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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 51163
Experience:  Qualified Solicitor
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I was told that my department were going to restructure the

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I was told that my department were going to restructure the department wasn’t a coating saving exercise it was to give us all individual job titles and sort pay scale out. I had a ten minute meeting with my boss who said nothing to worry abt have a look at new job descriptions and if I had any ideas let him
Know in the next week or so. There were 5 jobs for 5 people no one was going to lose their job. Basically the job descriptions were same but with a few things added. I went off to have a foot operation and the other 4 people had a consultation meeting the next day. In the job that was basically my job that I have done for 13 years they had added duties which I would consider above my level. I am finance officer and he was changing to treasury clerk. He had added cash flow and a few more things which I would consider management accountant level which I am not. It needed strong excel skills which again I haven’t got. Basically over next couple of meetings/one to ones I said I would need training and wanted to learn but he said no. They needed someone who could do it now! They also increased hrs from 25 to 30. Basically we had to interview for these renew roles. 3 of us didn’t get the jobs we were interested in and 2 got the jobs they had been doing with not much change. They offered me a position that is 2800 pay cut and 5 hrs extra a week. No negotiation at all. Basically I have a choice take the new job, take another job if one comes up in another dept or I said what abt redundancy which they said they hadn’t really thought abt but would put me a package together. Which they did within 3 hrs maximum. I believe they have misled me and made it impossible to apply for basically my old job but not because of the additions. I have over the last 3 years asked for training excel and other systems and nothing has ever been offered. If they had trained me I would have been able to keep the job. There are few other incidents in this whole thing that I’m not happy abt. Have I got anything I can do here?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What reason did they provide for doing this?

Customer: replied 3 months ago.
Restructure to give everyone a specific job title and sort pay structure out as some people were on more than others. We are all called finance officers and he wanted to call us purchase ledger clerk,cashier,treasury clerk, credit controller
Customer: replied 3 months ago.
Actually can you write it and cancel phone request please
Customer: replied 3 months ago.
Okay.
Customer: replied 3 months ago.
Is anything happening here as I’m not sure if you are on
Line still

OK, thank you for your response and for the phone call request. I am unable to talk at this present time but leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. The main issue here would be proving that you had basically been set up to fail. The employer could always try and argue that they genuinely needed these skills in the job and that if you did not have them, they would not have been expected to employ you in these roles as you would not have been suitable. So I would say that from a legal perspective, these types of claims can be quite tricky to prove and pursue.

In any event, you should be entitled to redundancy if your current role ceases to exist and you are also not able to take find anything else with that employer which is suitable for you. So worst case scenario is that you get redundancy.

If that happens you can still consider pursuing the employer to try and claim unfair dismissal. Whilst it is a difficult claim in this case, as discussed, the claim is free and the simple fact that you have made a claim against them could prompt them to consider offering you extra compensation to get you to drop it. So it could be used as a good negotiations tactic to try and engineer some compensation, which you would not have necessarily received at this stage.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you were to claim. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

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