Demotion, CA or redundant after restructure?

Frazer01

Hi Guys
Wish I had found this forum couple of months ago! I would be grateful if anyone can offer advice pls, at last attempt to try and get redundancy issue settled.
Few months ago, my employers advised a restructure in my team, effectively reducing numbers from 8 to 5 wef 4.1.10. I worked 25 hours each week...-Bombshell-Didn't get my job but was offered a call centre job on less hours,less status, less money (£5K less despite pay protection) and less T&Cs! They didn't even fill the 5 jobs!- new managers ex-colleagues got these when they were advertised! Tried to refuse the CC job and requested redundancy, but was told I was not redundant as the job was still there.
Head of HR finally offered CA (3 months gross pay) but I refused as I need a job, and eventually started CC job extremely reluctantly on 18.1.10. HR pestered and pestered for me to sign new offer contract. I was so stressed out and in shock.
HR gave us a policy document during the 'consultations'- which states an 'at risk' employee may take a job on a trial basis for up to 12 weeks, + if not suitable may take redundancy option. But they have never given notice of redundancy, just bullied me into taking the CC job or just leaving. I really don't want to continue with this CC job, and have been offered another part-time job (diff company) which could run side by side, in an attempt to make up shortfall of wages, but both jobs would be exhausting- have 2 dependant children.

I am thinking of writing to them this week, quoting this policy document and again requesting redundancy, as the CC job is not working out-ACAS advised if team numbers got reduced it is redundancy if I did not get a job out of restructure. I verbally mentioned it couple of weeks ago to HR but have had no response.
Any thoughts on how/if I could get out of this job and obtain RP?

Debt_Free_Chick

The CA sounded as though it was a good option, paying 3 months gross pay. Why not ask HR if this is still an option?

Frazer01

Thanks for advice- I wish now I had taken the CA, but I didn't have the offer of the other p/t job at that time, and was woried about money/no future wages etc.

HR say CA is no longer an option, they also stated the CC job is permanent + 12 weeks trial does not apply. Might consider putting in a greivance, -formally requesting a redundancy payment as nothing to lose now! Can anyone advise liklihood of getting Constructive Dismissal claim thru a tribunal in these circs? - I feel i was seriously bullied into taking the CC job and intend to give my notice in nx week.

Thanks

Atelier

First thing is never resign. Fight your case whilst working.

If the job is not "suitable alternative employment" i.e. similar role with same pay/T&Cs then I believe it is a redundancy situation. So the CC role should be considered "alternative employment" and have a trial period.

Were you given a reason why you did not get to keep your job? If it is because they needed a full-time person then you may have a case for sexual discrimination depending upon the detail.

Collect as much information as you can and give ACAS a call. Very helpful and free.