Poss Redundancy due to not being able to change hours - Help!

Carlielala

Dear Moneysavers,

Looking for some advice, I work for a large US bank who is currently making redundancies across the department as part of its 'Location Strategy' - about half of the roles are moving abroad. My current team is being restructured from 16 to 8 - the new structure will be 1 manager, 1 supervisor, 1 tech specialist and 5 specialist clerks. I have been aware of this since returning from my maternity leave in January 2009 (I have worked for the company for 12 years). My previous role, which was full time was as a supervisor in the team 9-5pm, I am now working 9-5pm 4 days a week, as a tech specialist on the team.

We all received our redundancy news yesterday. I was told by my manager that they wanted to keep me on the team as one of the 5 specialist clerks and that I would still be able to work my 4 days. One of my other colleagues who works similar days (these are flexible working arrangements as we both have childcare committments). We were both told we scored very high on the selection criteria due to our many years experience.

However I was then called in for another meeting with the manager today, who advised he 'forgot' to mention, the 5 specialist clerks roles will have to cover various shifts - 8-4pm, 9-5pm, 10-6pm and 12-8pm, with the latter late being covered up to 2 times a week by any one of us. These shifts are currently the case in the team, however, I have not been part of these shift due to my FWA and as a supervisor previously our roles were only 9-5pm. I told my manager, that I could only cover the 8-4pm and 9-5pm, as due to childcare coverage (my childminder only works till 5.30pm), and that as my husband is in the Navy and I am often home alone and my parents live far away, I have no one else to look after my daughter. My manager then advised the worst case scenario would be that I would have to go back into the 'redundancy' pool, and that they may have to reconsider those that they had already told the previous day that were going to be leaving. My other part time colleague was told the same.

Is it the case, that despite my high scoring in the selection criteria against the roles competencies, they can then change their minds and make me redundant as I will not be able to cover the required hours of the new roles? I am sure there is a 'get out' clause for companies somewhere that if there is a restructure and therefore no requirement for part-timers/core hours and the business requirement then needs shift workers, that they can make us redundant? I then guess they could then justify having a less experienced but more flexible employee over a very experienced but less flexible one!!!

Any opinions greatly received, thank you!!

boredmarriedwithkids

Not sure they can discriminate between full and part time workers! Employment rights are or should be equal across the board.

Does your contract give the firm a 'get out' clause that suits them on working hours and location!

getmore4less

Looks like it is the ability to work the hours required in the new positions with reduced headcount that is a key selection criteria not the full/part time status.

All the previous positions have gone and there are 5 new ones

All the previous people are being considered

No need for any contract get out clauses all people are at risk of redundancy unless one of the 5 new positions is a suitable alternative.

the part time and fexable working rules allow for this.

One thing to possibly question is 5 enough to provide the level ove cover needed over the 12hr period with some part time, holidays and sickness ?

DCodd

I agree with getmore4less, unfortunately.

They are restucturing and have replaced your position with a new one.

They are allowed to restructure and as long as they have offered you an alternative and have followed procedure regarding redundancy etc then I am afraid it will be looked at as though you have turned down the job for your own reasons.

Most contracts these days, especially large Companies, include a clause for short time working and / or restructure.

Stubbarama

Im sorry to say I agree as well, while your current Child minder may only work till 5:30 its is not beyond the realms of possibility to find one who work later. If yourself and the other owrker both only worled the early 2 shifts, the rest of them would need to be covered by the other 3 members of the team.

PaulLuke

Stubbarama wrote: »

Im sorry to say I agree as well, while your current Child minder may only work till 5:30 its is not beyond the realms of possibility to find one who work later. If yourself and the other owrker both only worled the early 2 shifts, the rest of them would need to be covered by the other 3 members of the team.

TBH I think the OP will struggle to find a childminder who will regularly work until 8.00. My wife used to work as a childminder and occasionally offered late evenings but certainly would not have covered until 8.00 regularly, neither would any of our friends who work/worked as childminders.

Carlielala

PaulLuke wrote: »

TBH I think the OP will struggle to find a childminder who will regularly work until 8.00. My wife used to work as a childminder and occasionally offered late evenings but certainly would not have covered until 8.00 regularly, neither would any of our friends who work/worked as childminders.

This is also the issue - I cannot find any childminders who work past 6pm at the latest, so for me to cover two 12 - 8pm shifts a week just isnt possible, more so as I dont have a husband or family to help either!

I think it is likely to be the case that we will probably be made redundant as due to the business requirement of the shifts, there are others in the selection pool who despite not having as much experience as myself can commit to the late shifts, and although they have already been told they are going to be made redundant, will probably have those decisions revoked.

I would have honestly thought though, that management should have thought about organising the coverage and discussing this with us before telling us were going to be chosen to be (or not to be) on the team, that for me is the most frustrating bit - I can accept the fact that I am being made redundant, its the incompetance in communicating the information after the event that so annoying!

Thanks for all the comments so far!

diable

If your colleague has children can you not try to do the child minding yourselves? Better to put up with a little hassle then having no job at all unless the redundancy package is a nice one.

DCodd

If you have anu doubts regarding the way you have been treated then it is always a good idea to give ACAS helpline a ring and have a look on the direct.gov website under employment.

We may have missed something, so always best to check!!!

Carlielala

diable wrote: »

If your colleague has children can you not try to do the child minding yourselves? Better to put up with a little hassle then having no job at all unless the redundancy package is a nice one.

Thanks Diable, thats a good suggestion

To be honest as I have been with the company 12 years now the package is pretty good, plus I get to keep my shares and my pension (12 years worth), I am also feeling maybe its time to consider a career change and this may be the opportunity I have been looking for, although the idea of being made redundant is certainly a little daunting.

Thanks to you all for your help, I will see how things go over the next week, all I can do it wait and see now!

DCodd

Carlielala wrote: »

Thanks Diable, thats a good suggestion

To be honest as I have been with the company 12 years now the package is pretty good, plus I get to keep my shares and my pension (12 years worth), I am also feeling maybe its time to consider a career change and this may be the opportunity I have been looking for, although the idea of being made redundant is certainly a little daunting.

Thanks to you all for your help, I will see how things go over the next week, all I can do it wait and see now!

I take it THEY do not have a creche? Might be worth checking with ACAS you know, Large American Bank and all that!!! Is this policy descriminating against you? Unlikely but always worth checking??