Employment rights advice

HolsKay13

Hi,

In November, I was one of 200+ employees to be told my job was at risk due to a restructure. We were made aware at the end of December of the roles that would continue to exist and that we’d need to reinterview for our roles in January. Those affected entered a period of consultation from November - January where a redundancy package has been agreed etc.

I have since reinterviewed for my role and have also interviewed for external roles and am currently waiting to hear back from a final stage interview which I should hear back from next week. On Friday at 5.30pm (12 January) I was made aware by my current employer that I was successful and will retain my position in the company, albeit with a different job title and slightly different responsibilities. They said they needed confirmation by 9am Monday morning.  

I had the final stage interview for the external role on Monday afternoon so have stalled my current employer for now but I am being pressured to accept/decline. With all the stress they have put me and my colleagues under, if I’m successful with the external role I will without a doubt be taking the redundancy package and on my way to pastures new. However, I am in between a rock and a hard place now - with no formal offer from the other company and pressure from my existing employer to accept - will I be missing out on the redundancy package if I accept and then change my mind in a few days time should I be successful with the preferred position? 

I have also asked for an updated contract from my current employer and they’ve said it will be the same as my old one from when I joined. But with a job title change, salary change and having to reinterview for the role - is this a red flag? 

Any guidance or advice would be very much appreciated. Thank you. 

BrassicWoman

If you have found suitable employment either internally or externally, they are under no obligation to give you any redundancy package. Choose the job you would like best, as you would if there were no restructure, Any cash they offer is a bonus you are not legally entitled to.

HolsKay13

BrassicWoman said:

If you have found suitable employment either internally or externally, they are under no obligation to give you any redundancy package. Choose the job you would like best, as you would if there were no restructure, Any cash they offer is a bonus you are not legally entitled to.

I understand. I have accepted the role in principle with my existing employer as do not have an offer elsewhere, but they’re refusing to send me an updated contract despite there being a job title change which I had to reinterview for. Surely there should be a new contract to reflect this? 

General_Grant

HolsKay13 said:

BrassicWoman said:

If you have found suitable employment either internally or externally, they are under no obligation to give you any redundancy package. Choose the job you would like best, as you would if there were no restructure, Any cash they offer is a bonus you are not legally entitled to.

I understand. I have accepted the role in principle with my existing employer as do not have an offer elsewhere, but they’re refusing to send me an updated contract despite there being a job title change which I had to reinterview for. Surely there should be a new contract to reflect this? 

If they have sent you something in writing stating the new job title then that is a change to your contract but doesn't need a new full contract document. 

Have you received any pay increase during your time employed by this company?  If so, that would have been a change to your contract and I would not have expected them to have issued a new contract document at that time.

Why stall your current employer?  Accept and, if necessary, give your contractual notice if you decide to move to another company.

Marcon

HolsKay13 said:

BrassicWoman said:

If you have found suitable employment either internally or externally, they are under no obligation to give you any redundancy package. Choose the job you would like best, as you would if there were no restructure, Any cash they offer is a bonus you are not legally entitled to.

I understand. I have accepted the role in principle with my existing employer as do not have an offer elsewhere, but they’re refusing to send me an updated contract despite there being a job title change which I had to reinterview for. Surely there should be a new contract to reflect this? 

No. A change in job title isn't of itself any big deal, although it probably feels like one!

tealady

Bear in mind your potential hew employer may have already asked for references from your current one.
Playing devils advocate if I were your current employer I would be holding back on offering redundancy.
From their point of view of you leave or stay that's one saving they can make.