accept redundancy or accept same job with different title with reduced benefits

Good evening, I need some advice please.

I currently work for a multinational company and have done for 24 years.

Out of the blue in early June our department was advised that we were on 30 days consultation period after which our current jobs would no longer exist. We were also advised that the departnment would be restructuring and that new jobs would be available that we could apply for. If we weren't successful we would be made redundant.

One of the new jobs I could apply for is basically my current job but it has been re-named, however I would lose my company car (which I have had for approx 20 years) and work longer hours,

I would just like to see if anyone has advice please. I have spoken with my old boss who has advised me to contact a solicitor or the citizens advice bureau.

Comments

  • sangie595
    sangie595 Posts: 6,092 Forumite
    I'm afraid the answer is - yes, it happens. And - it could be worse. Cold comfort I know. But there is a worse scenario, which involves the employer enforcing the change on you and giving you no choice. It used to be the case that, once upon a time, if the terms of another job - or even the same job - were less, then an employer couldn't force you to do it. However, for a long time now, tribunals have been accepting that employers need to change to remain competitive, and that is likely to involve reducing terms. As a result, on a financial basis, changes that result in up to a 10% financial loss - and sometimes a lot more- have been considered legally fair. The rationale being that that is better than unemployment, and if you don't like it you can get another job.

    So there is every chance that if this went to a tribunal then it could be deemed lawful, and so nobody could tell you that there is a slam dunk case. As a result, your options are limited - if you want to avoid risk you must accept it or take the redundancy.

    There is a health warning on the redundancy situation too- if you decide on redundancy be very, very sure that the employer is willing to accept that you don't want any of the alternative jobs first. If you don't apply it is possible that the employer could argue them to be suitable alternatives and refuse to pay redundancy because you refused to apply. That would leave you having to go to a tribunal to try to get your redundancy money - and the same risk applies that the tribunal might consider that your refusal to apply was unreasonable.

    I would have to be honest - if you are not in a union, then if you intend to challenge this I agree with your old boss, and would say you need legal advice first. I wish I could tell you they can't do this, but in all honesty I see employers do this almost every day now.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    if you work for a company that might try the you must apply or you resigned scam rather than just include you in the selection process for all jobs they deem are suitable alternatives for you, then might be a good idea to open the which of these jobs are potentially suitable during the consultation.

    Identifying the full new T&C's, discuss/consult on the suitability to establish the companies stance on the issues you think make the job not a suitable alternative also any training or trial period requirements.

    The problem with applying is you lose your standard redundancy rights like not taking a job that turn out is not a suitable alternative or the option of a trial period to assess a job.

    by consulting over which may be suitable you leave the option open to go to ET if you can't agree bearing in mind ET have been quite generous with what they will accept in terms of reduced T&C's.


    As they have gone for 30days(20+) consultation it may be worth everyone chipping in for some legal advice on a group basis if everyone feels this is just a way to get everyone on reduced packages doing essentially the same jobs.
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