Redundancy but same job different tile.

Teza82

My boyfriend is currently going through his redundancy consultation period after receiving a letter stating that his job is 'at risk'. With this letter were 2 job descriptions for alternative positions with in the company, one of which is that similar it could be his current job but with a different title.

My first question to anybody familiar in employment law is there a way of quantifying the percentage of the job description which is the same and if so how is this done. Also, legally is there not an upper percentage of the job description being similar which demonstrates that the job is not redundant....just re named? (I hope that makes sense)

My next question derives from something I read on CAB website which states, if only a handful of people are being made redundant in a large company, then taking into consideration other factors there may be a case for unfair dismissal.

The company my boyfriend works for is classed as a global company and he is one of only three who is going through this consultation period. The other two people are from the sales department, whilst my boyfriend works in the marketing department and it is common knowledge with in the company that the other 2 individuals are only going through the procedure so they can get rid of one of them which they have been trying to do for a while.

My next question is what is deemed as a large company?
To emphasis how similar the two job roles are, my boyfriend has received two separate phone calls from the two the employees up for redundancy who have asked him if his job role is changing after reading this new job description.

Sorry the overview of his situation is so long. Thank you for reading and any advice would be gratefully received.

superbigal36

Any change to salary of "new job"

Teza82

No salary details given.....He was meant to have his first consultation today but they cancelled due to his work load and deadline commitments. He currently works remotely, but the new marketing job is based at head office 2 hours away.

Sinhanada

I believe that this could be legal if done under the guise of a restructure. The salary details should stay the same, otherwise be protected for a period of time. If he has to relocate offices too, then the travel costs could be protected and paid for a period of time too. This generally is 100% for the 1st year, 50% for the 2nd year and 33% for the third year.

getmore4less

From what you have said the job is going

The current job is a work from home, the potentially suitable alternative is office based.

If they have 3 people doing jobs that are going and 2 potentially suitable alternative jobs then consultation and selection process is a reasonable way to go.

If there are mobility clauses then they could potentially force the job on people.

Consultation is the opportunity to argue a case that the job working from home is still viable for the company.


There is no protection of salary or travel expenses on relocation, it's discretionary unless already contractual.