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Category: Law
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I am on a Tier 2 visa working for an aerospace company.

Customer Question

Hi there, I am on a Tier 2 visa working for an aerospace company. Recently, though I had an excellent performance review, I have been shown a new job description that essentially reduces my responsibility and strips me of a senior leadership role. They have created a new position is expected to be taken on by an upper management division head, who will also manage the UK (my current responsibility). I have been offered the option to apply for the division role, but that no promises could be made. I am not sure what my options are. Can you help? Best!
Submitted: 4 months ago.
Category: Law
Customer: replied 4 months ago.
My current line manager has started working as a General manager of the facility 3 months ago.
Customer: replied 4 months ago.
I also have a permanent contract with the company in the UK
Customer: replied 4 months ago.
Many thanks.
Customer: replied 4 months ago.
I'm not sure how justanswer works. Would it be possible to get an estimate on when I should expect an answer?
Expert:  Jim1079 replied 4 months ago.
Hello, thank you for the questionAre you saying your current role may be made redundant?
Customer: replied 4 months ago.
Hi, that's how it looks right now. They're not saying it, they're communicating it as organisational changes to support the business. They're creating two very similar jobs, which doesn't make sense to me, hence why I need to know my options to be able to negotiate properly.
Expert:  Jim1079 replied 4 months ago.

OK thank you, ***** ***** ask how long you have been there for too - is it more than one year?

Customer: replied 4 months ago.
I've been working in the UK facility since December 2014. I worked with the group since 2009 in another division.
Expert:  Jim1079 replied 4 months ago.

Thank you.

In which case, you have full employment rights in UK law and your company need to properly consult with you as to any possible redundancy and see if they can accommadate you elsewhere within the company.

I would speak to ACAS, which is an independent body set up to advise employee and can also approach your employer to offer conciliation services. Their number is *****(###) ###-####and website is www.acas.org.uk

In terms of your options, you would need to see what other role is offered by your company and ensure the company follows the procedure to consult with you properly. If they fail to do this, they could be breaking the law. If you do obtain another role and the terms are not as favourable, you would need to know why to ensure there is no discrimination going on in the workplace. Alternatively your current employers might let you look for other work in a sponsored role (if employees are at risk or faced with redundancy, the current employers may well let the employees take time off work to go to interviews). I would keep a record of everything (unless you already do this) so that if it did not turn out as you hoped, you can seek legal advice regarding a potential employment tribunal claim.

I hope this helps. If you can accept the answer and give me a star rating, I can offer unlimited follow up Q&A's at no extra charge.

Kind regards,

Jim

Customer: replied 4 months ago.
They have denied that this is a redundancy case, but it feels like it. If I accept to have my current job reduced and they recruit another person, they'll be in position to make me redundant. I have a meeting with my line manager at 12h today to discuss the topic, I'd like to know the best way to negotiate in order to secure my job.
Expert:  Jim1079 replied 4 months ago.

OK, you can say that you have worked there for several years and you had had an excellent performance review. Therefore you can say you are an asset to the company and you want to stay there, preferably in the same or a better role.

If they want to change your job, you can ask for the reasons and what the new job specification would look like, together with renumeration and other aspects.

You can say that you will take legal advice upon your options as you do not want to end up in a worse position or have to leave. If you are a member of a trade union you can involve them. If not, you can instruct a UK law firm which deals with employment law to write to your employers if they offer you less favorable terms.

You can also say that you have full employment rights, having been there for years. If they are to go through a redundancy procedure, you need to be properly consulted and all other options considered, for example to be reallocated to different side of the firm. You can ask whether other employees are being similarly affected - if not then ask why not. They have to be careful not to discriminate against you.

Let me know how it goes after the meeting - I will be available later

Kind regards,

Jim

Customer: replied 4 months ago.
Hi Jim,
My line manager insinuated that he want me for the divisional role and has asked me to apply, but everything he is telling me doesn't add up and don't make sense, which makes me believe that he wants me to be ok with their offer, agree on it and then make me redundant later on. We've only been working together for 3 months, he doesn't know me and I definitely don't trust what he's saying because I know that my equivalent in the facility that he used to manage is interested by a mobility and his contract will end in December this year. I have a strong feeling that he wants him to take that position because the job description that he made looks tailored for him.
I was clear with him earlier that the creation of the divisional role and the reduction of my current duties will make my role redundant and that I don't want to be in that situation taking into account that I've had excellent appraisals since 2014. He agreed that my role will become non-value added and wanted to change the direction of the discussion, by offering me a 2-3 years career development plan as a plan B to change the department I work for. I told him that during these 2 or 3 years my position will be vulnerable and I'll be exposed for redundancy and that's a risk I'm not willing to take.
Because he's been insinuating that he wants me for the divisional role, I then suggested to him to add divisional responsibilities to my current role, that way I won't have to re-apply and risk being in a redundancy situation. He told me that he'll discuss it with the other facility managers and get back to me in two or three days. This is contradictory to what the HR director has told me on Friday, she said that it's his decision to revise the proposed organisation.
I do not know how to proceed. Can they just change my role without my consent and put me in a role that's mostly covered by the other role they created?
Also, I don't have anything in writing, except from this e-mail that I've sent the HR director after we had a discussion on Friday:
"I appreciate the time you spent with me earlier today. As you know I came to your office this morning to postpone the meeting as, following the organisational changes we discussed yesterday, I was still digesting how the changes would impact my position and career development. I appreciate you listening to me about how I feel in regards ***** ***** changes.
As I stated, I feel I have performed well in this role for the organisation, with many demonstrable successes and positive appraisals over the past 4 years. I feel the suggested changes could be perceived as reducing my responsibilities and therefore my career projection.I’m confident that together we can build and agree on a plan that will be good for the business, supports my growth within the organisation and expands my skills set. "
Expert:  Jim1079 replied 4 months ago.

Hi again, if they change your role they are effectively offering you a new contract. It is not an ideal situation to be in. You ideally want a structured career path and it seems like they are trying to hide something or persuade you to accept an inferior role.

I would give ACAS a call to obtain their advice and they be able to become involved with your employer

Do you have their contact details? Their number is *****(###) ###-####or www.acas.org.uk

Let me know if I can help further - if you can accept the answer and give me a star rating, I can offer unlimited follow up Q&A's at no extra cost

Kind regards,

Jim