Demoted, but same pay - redundancy?

goodomens_2

If I was to be demoted but kept on the same pay, can I still claim redundancy?? My old role would no longer exist. I would be going from a Trading Manager to a Supervisor. Thanks

Emmzi

redundancy is for people who have become unemployed.

so no.

or do you mean "I want to be made redundant, is it possible for this to happen?"

getmore4less

You have to assess the new roll as a possible suitable alternative.

Anything else change other than current status.

goodomens_2

Well Im on maternity at the moment. I wouldnt mind taking redundacy if that was an option. But I wasn't sure it would be? This would all go into effect when I went back. Basically it has been completly restructured. So my role does not exist any more. They may lower my pay...I would assume then I could ask for redundancy? But Im not sure if I could ask for it if my pay was the same?

goodomens_2

getmoreforless - yes I have lost holidays BUT that is due to that fact that the company bought my old one out...we were allowed to remain on the same contract for a year and a half. But in Febuary of this year we went on to their contract which meant I lost 2 weeks holidays. I dont think that would effect anything to do with the restructure though would it?

SarEl

goodomens wrote: »

Well Im on maternity at the moment. I wouldnt mind taking redundacy if that was an option. But I wasn't sure it would be? This would all go into effect when I went back. Basically it has been completly restructured. So my role does not exist any more. They may lower my pay...I would assume then I could ask for redundancy? But Im not sure if I could ask for it if my pay was the same?

If you are on maternity leave now then you must either return to your original job, pay and conditions, or to a suitable alternative with exactly the same pay and conditions. Otherwise it is unfair dismissal. In your position, redundancy is almost impossible - although you can volunteer if yu are sure that is what you want.

property.advert

The issue of constructive dismissal could rise its head if they have removed your job but not that of another on the same grade.

SarEl

property.advert wrote: »

The issue of constructive dismissal could rise its head if they have removed your job but not that of another on the same grade.

No it wouldn't. And the OP doesn't even want to touch constructive dismissal with a barge pole. less than 3% of such cases win because the burden of proof is on the employee.

She is on maternity leave - she's currently one of the best protected workers in the land because of that, and the employer must comply with the law or it is unfair dismissal (burden of proof on the employer). The law stipulates exactly what must be done by the employer here - in no other situation is the law that clear, and if they do not do it them they are knowingly walking into what they will get.

getmore4less

goodomens wrote: »

getmoreforless - yes I have lost holidays BUT that is due to that fact that the company bought my old one out...we were allowed to remain on the same contract for a year and a half. But in Febuary of this year we went on to their contract which meant I lost 2 weeks holidays. I dont think that would effect anything to do with the restructure though would it?

Why did people agree to loss of two weeks holidays, any compensation?

38+ days was a lot to have but I would have tried to keep them.

SarEl

getmore4less wrote: »

Why did people agree to loss of two weeks holidays, any compensation?

38+ days was a lot to have but I would have tried to keep them.

Probably because they had no choice?