Am I entitled to redeployment or redundancy?

[Deleted User]

I wonder if anyone here could give me their 2 cents on my situation?

I work in the NHS and thanks to Agenda for Change about 5 years ago, I and several of my workmates were made a band 5. Shortly after this, the hospital became a foundation trust and from then on, all people in my job were taken on as band 4. Now we’re facing a restructure and downgrade. The meeting is on Thursday but I have been told that we will have to write our new job descriptions with additional responsibilities and we will all become band 4’s. New band 5 posts will be created but you have to apply for these and there will be only a few posts as line managers to the 4’s.

My understanding is that I will have protected pay for an unknown period, but I was told bluntly by senior colleague that we are not eligible for redundancy or redeployment as no jobs are being lost and the trust is not paying out any money. As far as I can see the new band 4 posts represent a loss of status and pay (affecting our final salary pensions) and we are also looking at a change in job title and description, so we therefore should be eligible for redeployment and indeed redundancy of no suitable alternative posts can be found. Am I right?

I’d prefer redundancy as the job has and will have changed so much that I no longer like it, but would take redeployment. Our union reps are not interested and I know from long experience they are not discreet nor do they really know what our rights are.

I’d be really grateful if someone can let me know if this is worth raising to HR? Or should I risk some of my in-case-of-unemployment savings and get a solicitor on the case?

Many thanks in anticipation!

ceridwen

Probably your best bet is to look up the definition of "suitable alternative employment".

Employers are allowed to tell people to take on "suitable alternative employment". The question is as to whether these band 4 jobs constitute that "suitable alternative employment" or no.

I believe I read that one of the things that means a job is not deemed suitable in law is if the pay is lower. You need to look up the EXACT definition of "lower pay" to check whether the legal definition is the same as that of the "ordinary person in the street". That is - when you or I say "lower pay" we mean "ANY paycut ANY time - including if the pay is frozen until it has been cut to a lower payscale". You need to see exactly what the law says about that - or whether its the very narrow definition of "as long as they arent physically cutting the pay right here right now - by saying that there is an x% paycut being imposed this month" iyswim.

Good luck.

[Deleted User]

Thank for your reply ceridwen. In that case, I think I'll have to leave empty handed. I've been told the pay is protected for 3 years. I suppose the only lever I have is the job status, as they'll be removing "senior" from the job title.

ceridwen

A-MS wrote: »

Thank for your reply ceridwen. In that case, I think I'll have to leave empty handed. I've been told the pay is protected for 3 years. I suppose the only lever I have is the job status, as they'll be removing "senior" from the job title.

Again - always a thing worth checking on - as "status" is one of the criteria to see if a job is deemed "equivalent". People who are in "white collar" jobs are allowed to refuse "blue collar" jobs for instance. I'm not sure how far the term "status" stretches.

I DO think you need to check on what is deemed to be "equivalent" pay though and not just give up at the outset at the thought of this "pay protection" for 3 years though. By "pay protection" I imagine they mean that "You will get the exact same salary for 3 years" - but, you never know, the definition of "equivalent" salary might be better than that and REALLY mean equivalent salary - ie exactly what you would have had if they hadnt done this "change-around".

Always worth checking.

Hopefully someone else will come along who can clarify EXACTLY what is meant by "equivalent" salary....as I dont know the definitive answer to that myself...

EDIT: DVardys Shadow or OhReally - are you out there? Do you know more detail on this than I do?