Possible Redundancy/Paycut

[silverfox1264]

Hi,

Not sure if I have posted in the correct forum.

At my work I am one of 4 shift team leaders we also have a team leader whois a training team leader. My manager called the 5 of us to a meeting sayingthat one of the 5 team leaders would be made redundant. As they need the 4shift team leaders it is the training team leaders job that is no more. Mymanager has now said that HR have said that they have a similar job at headoffice which is 5 miles away from our location they want volunteers for thejob, if nobody is interested then they will pick someone who's skill fit thejob. So Redundancy is no longer an option.

We have were told that the pay is £10.79 at head office, my current wages is£10.62, but on 1st feb in my current job we get a pay rise to £10.90. They wantthe changes all made before 1st feb so who ever goes won’t get the payincrease.

Tonight I had a meeting with my manager no one has said they want the job sonow someone will be pick on capabilities, also I was told that they had told usthe incorrect pay rate at head office & that the pay is £10.59 which is apay cut only slightly but still a cut.

Does anyone know if they can do this & enforce a pay cut?

[Sidewinder]

Simple answer - maybe!

 

The duty of an employer when considering redundancies is to seek all means possible to keep people in work and to offer those affected 'suitable' alternative employment within the organisation where such a vacancy exists.

 

So - provided that the employer follows a fair process for selection, and makes the decision based on fair and transparent criteria, it is perfectly correct that the employer should offer the alternative position instead of redundancy. Is it a 'suitable' alternative? That is where the 'maybe' comes in. Is the position broadly similar in terms of the nature of the role, using similar skillsets etc? It would seem so from your post. What is 'suitable' or 'reasonable' however is not defined in law and varies from person to person, so the 5 mile distance between the sites might be a factor. How much longer would it take to get there? Do you drive or rely on public transport? How much extra would it cost to get there? Would this have a severe impact on family life or other obligations? Childcare? Do you have a mobility clause in your contract whereby you are bound to move the location of your place of work as may be necessary? There are several ways in which the position might prove 'unsuitable'

 

On the wages side of things, I doubt very much that a 3p an hour difference (forget about the future pay increase - the role would be redundant before that takes effect so is not a factor which can be considered) would be anywhere near enough to be considered unsuitable, but it might be, if and only if, the loss of £1.20 or so a week when added to an additional cost of travel and any other factors could lead to a demonstrable and severe detriment.

 

Would the employer be willing to negotiate on the 3p an hour difference in wages - or even to add an extra few pence an hour to get you closer to what you would have been earning (assuming you do end up being the one to lose out)? That is in part what the consultation period is for - to try and arrange for a suitable alternative to redundancy.

 

If it were me, I would not hesitate to take a continued employment over redundancy - 5 miles and 3p an hour- especially when you are looking at upwards of £10 an hour anyway - is nothing so long as you aren't walking it or it takes an extra hour which would affect childcare/partner's job/care for a dependant relative etc.

 

Any alternative role carries with it a four week trial period so you would still be free to change your mind if things were too much to make it worthwhile, but be aware that ultimately the employer could decide that you were refusing alternative employment unreasonably and refuse a redundancy payment. You would of course then have the option to take the case to a Tribunal, who would make a ruling on who was being unreasonable, or on what grounds the alternative role was suitable or otherwise, but is that a risk worth taking?

 

Negotiate, and make a decision based on the long term irrespective of whether the employer does make a concession over pay. It can take a long time to find another job, and even longer to build up the benefits that a decent length of service brings.