Work Scenario - Redundancy - Advice Please?

jockinleeds

Hi,

I work for a firm who I was TUPEd into exactly a year ago.
This firm operates wholly out of another city and we have effectively become a satellite office for them. (Which I can see slowly being stripped and closed off)

I performed role 'A' for 4 years in this company. (11yrs total service) which was part of the business structure. Over the last year my peers have dropped off or moved elsewhere internally because basically our role (A) no longer exists in the new business.

Gradually over the last year, I've been doing some work relating to role 'B' which whilst related to 'A' is not my core skills and experience. (Think Bus driver being asked to drive a train!) I'm only busy about 50% of the day and its driving me nuts.

My cost centre has been moved to the Head Office based team (who are carrying vacancies) and my Line Manager responsibilities have been removed. Basically I no longer works as role 'A' which is what I was employed to do.

The business in now going through waves of voluntary redundancies but I'm not eligible to volunteer because my 'costs' and role sit with another team now. And I've been told that my role is not redundant as I'm covering their vacancies at the moment. (the annoying thing is that most of the work relates to the Head Office site which I have no knowledge over and find it difficult to do remotely!)

So, basically, I'm trapped! I want to go at the same time as my friends in the office. The current VR terms are good (protected for another year) and I want to take advantage sooner rather than later.

My queries are:
Can I legitimately argue that my role IS redundant given that I am no longer performing role 'A'?
Can I use this scenario as a basis for constructive dismissal?
Do I have any options at all? Or am I resigned to doing a job that is not what I was employed for (and a 'lower grade' role) until someone decides that it time for me to go?

Any help, comments and advice would be most welcomed. Thanks.

nimbo

i have no idea but didn't want to read and run...

good luck

unholyangel

Whats in your contract? I'm by no means an expert but i believe they could argue you have accepted your new "role" if you have worked it for longer than a trial period (if there was one) or if you've worked it for 13 weeks (as normally something becomes an implied term of your contract if you work it for 13 weeks - unless an agreement between you and your employer says otherwise).

However if you have written to them on a regular basis regarding the new role and your refusal to accept that as your role, you'd have good grounds to refute their claim.

Constructive dismissal is apparently harder to prove than unfair dismissal. You may want to consult a employment law solicitor before taking any action. If you check around your area you may be able to find one who will do the initial consultation free. Its what i've done as my situation isnt so black and white either

jockinleeds

unholyangel wrote: »

you have accepted your new "role" if you have worked it for longer than a trial period (if there was one) or if you've worked it for 13 weeks

:eek: Surely not? So If I agreed to clean the toilets on my current salary with company car, then after 13 weeks that makes me the cleaner??

I think you're right - unless I can get some sound expert advice here I'll need to take to an employment lawyer. Unless something comes out the woodwork in the meantime.

Also - if they have vacancies in TOWN A, but are using resources in TOWN B (i.e Me) to cover but ARE NOT willing to let you formally apply/relocate to TOWN A then surely the role is redundant??

Thanks so far...

getmore4less

Are they recruiting to replace you in location "B" if they arey then you should be able to apply.

Can you increase you costs by insisting on making visits to the office to get the job done and is it far enough to need overnight stays costing even more.


I think you should have raised the issue of the elements of the job that have been moved since at that time you could have raised the issue of redundancy.

The gradual role change is something people have to look out for and you can end up doing something completely different.

How many are still working in the office the overheads must be getting to the point that you cost too much.

The next step could be "can you work from home", that will definately be a redundacy situation unless you have that in your contract, even mobility clauses won't be enough forthem to force that.

jockinleeds

Yes, they are recruiting in Office 'B' at my and junior levels. But I'm not allowed to apply as it is based at Office 'B' and I cannot move to the other end of the UK, nor are they prepared to make it a 'flexible' role where I can remain where I am and support from 'Office A'.

Sure, I can increase visits and costs no problem - the only issue is that this crappy companies policy is that I have to outlay those costs first and only then claim back (which takes 3 weeks!). I cannot afford to do so (on a DMP!) They took my corporate card off me from by Role 'A' job which was covered by previous business.

We're on 2 floors here at Office A which I can see being reduced to 1 at this rate. Long term - 0 Floors!

I used to 'work from home' anyway due to the flexibility of my role and covering 2 Uk and 1 Offshore site - but they put a stop to that too. Must be Office A all the time!

I'm just fed up and want the opportunity to take VR when everyone else round me is off! But because I'm on a 'non problem causing' cost centre then I'm not being given the opportunity.

Anyway, I'm down at office 'B' next week and will be raising this one last time before I kick-off!!

Its daft - I want to go. It costing them to keep me and I've pointed that out.

jockinleeds

Follow-up:

After a day and a half 'training' session at office B last week... they kept myself and 2 colleagues back for a separate discussion.

They stated that ' the current position is that there are responsibilities to be met by the company and as a resource we will be be expected to cover any current resource gaps even though they are recruiting in office B.' I argued that the role was not my original role and I was therefore redundant. They do not see a huge difference between my current and previous role so it doesnt matter.
I asked that once they have recruited, will they let us go?
No answer... until further notice apparently.

Anyway - I see no employment law 'way out' of this stupid situation and I'm now looking for another role. I'm sure that means that I can kiss goodbye to my 11 years of service being reflected in any redundancy payment. (even when everyone round me has been handed their notice!) And I'm sure that their intention is to force me into walking.

Not a happy bunny.

grimsalve

jockinleeds wrote: »

Anyway - I see no employment law 'way out' of this stupid situation and I'm now looking for another role.

It's a shame but I think that's really your only option. You could hold out for redundancy but that might be a long time off especially if other colleagues are applying for voluntary redundancy at the moment (therefore nothing left in the pot for anyone else).

Good luck in your search. I hope everything works out for you.