Fire and rehire - redundancy?

toomanyjenns

Ewarwoowar2 wrote: »

I've acted for a large group of LA employees in a similar situation. In that case it was removal of bonus/new pay structure.

If he does not accept the new contract, as stated above, the employer will dismiss him for some other substantial reason i.e. business need to put all employees of his type on this new contract.

Without knowing the ins and outs of the reasoning behind the new contract, it is almost impossible to know whether the dismissal is fair.

Unless he has another job to go to, it would be a big risk to reject the new terms and conditions and face dismissal.

What he needs is for his union to go into bat for him. However, in the situation I was involved, the union refused to give advice as they were scared of misleading employees and facing legal action against the union. The union agreed the deal with the employer and left it up to the employees to decide whether to accept. Helpful, eh!

Would this apply if others in the same role where offered a redundany payment and you were not? My company informed us a few months ago that our role would no longer exist but was being replaced with a new role. The new role was a change in job title and description and had additional new responsabilites which were fundamentally different than what we did before. There where 9 of us in total employed in that role. 8 employees where told they were being made redundant but could apply to the new position (fire / rehire). However if they did not want to apply to the new position they where offered a generous redundancy package. I know at least 3 accepted the redundancy package becuase they did not want the new role. I however was told that I did not have a choice but to take the new role. Surely they can not do this? There is no clause in my contract to allow for these changes. I should have been treated the same as everyone else, right?