Redundancy Legalities

[Mully79]

This was also posted in the job section, wasn't sure where to put it...

A company my husband works for made two people redundant. On the same day, they created two new openings, with different job titles to the redundant people but similar job roles. This sounds a bit of a grey area but is this perfectly legal?

These new job openings have now come in 'above' my husband's (and other people's) position in the management hierarchy. This was not discussed at the initial consultation with employees regarding restructuring etc. Should employees have been notified of this beforehand?

Also, one of the new job roles comprises about 50% of my husband's current job role. I have a feeling that he might also find himself pushed out or made redundant in the not too distant future. He is one of only two employees remaining from the 'old' management regime. Is there anything that can be done about this?

[voltr4m4x]

There is nothing unlawful about the Company's action in this case insofar as your post makes clear. It is simply a matter of company policy - strange though this kind of behaviour seems to be on the face of it.

One presumes however that there will have been some form of consultation process at some previous stage before the changes were implemented, in which case the Trade Unions should have been consulted as well as all interested parties on the management level.

However, I can only go by what your post describes as "underhand tactics", so if your husband feels that he is subject to constructive dismissal then he really should get in touch with a Solicitor who specialises in Employment Law. This is particularly important if he has suffered a reduction in income as a result of the changes which you describe.

[Mully79]

Thanks for your response. I would describe it as underhand, but I wasn't sure if anything could actually be actioned, other than my husband looking for another job and to get out of there before the inevitable.

On two occasions a manager has been brought in alongside the current manager, and the current manager effectively been pushed out. The most recent one overhead a conversation from the 'new manager' talking to head office about "why won't she take the hint and just leave". So she did, the poor woman was in tears.

So the company has a history of behaving in this manner. Lovely place to work.

[Mully79]

Sorry, I go on a bit...! To answer regarding the consultation process - the redundancies and creation of the new job roles was discussed with everyone.

But my husband, whom currently reports to the head manager, may now have to report to one of the new managers. Indicative of a change of job description / job title / management tier which was never discussed with him at any point.

And as this new role encompasses some of his own job description should that not also have been up for discussion considering the implications on his job?

[buildersmate]

This is smelling more like an opportunity for a constructive dismissal case. I know of something very similar where this happened - it never got to Tribunal - it settled out of court for a five figure sum. The company was US-owned and didn't fully appreciate the implications of UK employment legislation. Brought in a US manager over the UK Head of Engineering.
Its not for me to provide you legal advice on here.

[buildersmate]

Read this to find out about constructive dismissal.
http://www.direct.gov.uk/en/Employment/Redunda ncyAndLeavingYourJob/DG_10026696
I don't recommend resigning without another job to go to - yet. If things do get changed around at the workplace, one probably has 4-6 weeks to find another job, resign and STILL make the claim for constructive dismissal. Much more than this and it could be claimed by the company that one had 'accepted' the new role.
No hard and fast rules - every case different on its merits.

[Mully79]

Thanks for your reply buildersmate. I've told my husband he should get advice from a specialist solicitor as voltr4m4x suggested.

I've told him to start looking elsewhere for jobs anyway, as he's like a zombie at the moment, completely exhausted and fed up of all this crap. 11 years service is long enough I think.

[Eve]

How long has your husband been working there and how long had the people were made redunant been working there?

I'd give ACAS a ring for their advice...

http://www.acas.org.uk/index.aspx?articleid=14 61

A place I worked for (law firm) had been taken over and a lot of the staff from the original place would not be given promotions or payrises or other opprtunities which led to them leaving and being replaced with staff the new company had chosed. Effectively they were encouraging people to leave without actually telling them,

[Mully79]

Thankyou Jenna

He has been working there 11 years. The other two have been there about 5 - 6 years each.

Without being defeatist, I was of the understanding this was such a grey area it would be difficult to prove the company was operating such a strategy of pushing out the old and bringing in the new, so to speak.

[NORMANTHEDOG]

im afraid this is what companies do nowadays,and if they go through the right legal procedures then your husband has not got a chance of proving otherwise,my son has just been put through the redundancy process,along with 2 others,the company were intent on getting rid of 1 person,everybody knew who it was and at the end of the process,it was the one they wanted rid of,that was made redundant.

but as you say,its not a nice way of doing things,but as hes been there 11 yrs,i would think the ones who have been there for shorter times would be the ones to go,it will cost them less money

and by the way,when they got rid of the guy at my sons work,they took on 2 more people doing the SAME job.as i said,if its done by the letter of the law,then its quite legal

[Mully79]

Thanks Norman, I didn't think for a second this was the only place that behaved in such an awful manner. 'Job for life' no longer exists!

Jenna, the ACAS website was very useful, there is information there that can help my husband with regard to reporting to a new manager.

I used to work at the same company a few years back. About a year after I left they made redundant my entire department. I'm just glad I didn't have to go through that kind of stress.