Can I be forced to take a job at a lower grade?

jonnygee2

Most people would be very grateful for 3 years protected salary, more so at your age.

Why would anyone be 'grateful' for their salary? It's not a hand-me-down. You bring a certain value to a company and they pay you (usually much less than the value you bring, otherwise they wouldn't be making a profit).

I guess the key question will be is the role change reasonable.

Well, yes that is key. Even if this is a redundancy (which it is), if the OP cannot reject an offer of 'suitable alternative employment' without good reason.

It's difficult to tell whether this offer is suitable or not and whether the OP can reject it. It depends on both the similarity between the roles and their personal circumstances.

If they cannot work weekends because they have kids to look after, for example, the new role could be considered unsuitable. Also, with the significant reduction in status and the lower grade, it seems reasonable the OP would reject the offer. In this case they would be entitled to redundancy pay and potentially an unfair dismissal claim if the correct redundancy procedures were not followed.

An employment lawyer or union rep would be better placed to advise of course. A lot depends on the OPs day to day work and how this would change in the new role. But, I do think there's been some case law around a significant reduction in status being a reason to reject suitable alternative employment.

Dox

Don't get hung up over hurt feelings because you weren't told privately. You have 3 years of protected salary (much longer than most people would get in this situation) so why kick up a fuss about having to apply?

What would happen if you don't apply? You won't have a job - and you are very unlikely to have a claim against your employer, so think hard before you stomp off in a huff.

Masomnia

jonnygee2 wrote: »

It's difficult to tell whether this offer is suitable or not and whether the OP can reject it. It depends on both the similarity between the roles and their personal circumstances.

If they cannot work weekends because they have kids to look after, for example, the new role could be considered unsuitable. Also, with the significant reduction in status and the lower grade, it seems reasonable the OP would reject the offer. In this case they would be entitled to redundancy pay and potentially an unfair dismissal claim if the correct redundancy procedures were not followed.

These are my thoughts on this case. I can see why the company might think that they no longer need a superviser if they have seniors. Up to them really, if that's the structure they want.

I would say to the OP not to get hung up on the meetings thing as it's not relevant legally and won't form part of your case even if you do feel slighted. The question is whether they have offered a suitable alternative. Salary-wise maybe it is the same, but if it comes with less responsibility, seniority, grade, looks like a backwards step on your CV then you should challenge this in your consultation meetings.

Kynthia

From past experience of restructures a downgrade with pay protection is usually considered fair. Keeping people in work and not financially impacted is the priority and this offer does that so I doubt a union or judge is going to feel you've been treated badly. However I know this ignores the impact of losing status and the potential impact on your career but I don't think they are protected.

They don't have to make you redundant as there is a job offer which is similar work and isn't for less pay. In my place if you refused this fair offer it would be gross misconduct and you'd leave with nothing as redundancy isn't something you can demand when it's not on offer.

getmore4less

teribar wrote: »

At 12.30 today my colleagues and I were 'invited' to a briefing at 3.30pm. At the meeting was our manager,his manager, the director and two representatives from HR.

They announced a restructure, my role (supervisor) is being axed and there will be three senior roles instead of just two at the moment. Everyone will have to apply for their role and all the seniors will have to work one weekend in three.

They are adamant there will be no redundancies. The two current seniors do not wish to work weekends and I don't want to take a drop in grade (my salary will remain the same for three years)

Can anyone tell me what will happen if we don't apply for these roles?

Also I'm upset that mine is the only role to be deleted and I found out at the same time as everyone else. Am i being unreasonable to think I should have had the courtesy of a private meeting?

if they are claiming these are suitable alternatives and everyone has a job there is no need for anyone to "apply".

they can use a selection process to decide who get which job and than can include interview.


The problem you have is if you apply you have effectively accepted the jobs are suitable alternatives and can't then turn one down and insist on redundancy.

You need to start with the I don't think this is a suitable alternative and build a case.

Problem is that case will be a tough one to take to an ET as the job looks to be similar to what you do now, will be the same location and protected salary, which in many cases means no pay rises till the others catch up.


What outcome do you want?

Fireflyaway

I feel I could have written your post! The exact same thing happened to me a few years back when I was working at a county council.
The senior advisor role was removed due to restructure and we each had to apply for the new jobs. Everyone got the job they applied for but I actually decided to be ' demoted' through choice. Like you my pay was protected ( I actually felt a bit guilty that I was paid higher than my colleagues) but the lower grade of job worked better for me in terms of hours. It was weird to be working alongside those I had previously supervised and my new manager was a previous counterpart. I just did what I had to do. I left at the end of the 3 years.
Not sure about your company but when we were told the news we were put on the at risk register. That meant we had priority over others when applying for internal jobs. What was considered a reasonable alternative was up to 2 grades higher or 2 lower. If you didn't apply then it was seen you had accepted redundancy. In one council I worked for there were suddenly housing officers working In car parking and planning assistants working In waste and recycling. Nobody knew what they were doing!
I can understand you would have liked a private meeting but they need to ensure a consistent message. Had you told someone then inaccurate into could start to spread.
I think to sum up, if you don't apply you will be seen to be making yourself redundant. Speak to hr to confirm it all.
Good luck.