Employer #big4 supermarket not offering redundancy even though they are changing my job status.... is this allowed?

[senior manager]

I currently work as a Deputy Manager (one of 300) for one of the big four supermarkets, and they have recently announced a new contract change that comes into force on Monday 18th April. In effect we are being demoted to a lesser position, that being of a duty manager. They argue that our job role is not really changing as we will still be doing the same job we have always done and they will not be reducing our pay.

 

However it is a HUGE drop in status as our current contract states we are 'autonomous decisions makers' which classes us as senior business leaders and opts us out of working time regulations. On our new contract we are not classed as this and we are therefore opted in to working time regulations.

 

In addition we also recieve free fuel and a car allowance which will also be taken off us although they have given us over a years notice before they take this away. However this is in our current contract that this can be removed at any time so do not think that we can argue the point much there.

 

The main issue is as Deputy Store Manager you are above all the other senior managers in the shop and now will be dropping to the same level as them so surely this counts as a drop in status, even though my salary will not be affected. It also effectively puts my career back 10 years as I was doing that job 10 years ago!

 

There have been various 1-2-1 meetings held with the outcome already decided, however I asked questions weeks ago which have still not been answered and I also have not got a copy of my new contract as yet. From what I have read online if i work on Monday then I am effectively accepting the new contract and will have no means to put a claim in, in the future.

 

Do I have a case for constructive dismissal??

 

Please help!!

 

Thanks in advance

Edited April 14, 2016 by honeybee13
Paras.

[martin2006]

Hi and welcome to cag, the employment law guru's will be along shortly to advise

[senior manager]

Thank you Martin

[Emmzzi]

the law does not allow much room for damage to feelings.

 

what financial loss are you suffering?

 

are you skilled to do the new job?

 

what do your union say?

 

and with so much experience, are you better going to a rival who would value your abilities more?

[senior manager]

Thanks for the reply emmzzi.

I am currently looking for a new job.

Currently I do not want to accept what my company are offering, which is basically £8000 a year less to do the same job.

Obviously I want to contest but my contract states my added perks can be removed at anytime, so the only way I feel I would be able to claim would be via loss of status (from all I have read up on).

I can do the job no problem as the role is not really changing, the union are not involved as such. There was a representative group/forum who met at head office to discuss over four meetings and extended the perks for another 6 months on top of the original end date.

Just basically after over 20 years service I feel I should be offered redundancy as basically it is a demotion

[renegadeimp]

More reasons to shop at..... yeah

 

Also, theres no constructive dismissal at all. Youll be doing the same job, same pay etc etc, just a different title.

[senior manager]

Thanks for the response, so even with the loss of status you think it would not go anywhere?

[martin2006]

Also, theres no constructive dismissal at all. Youll be doing the same job, same pay etc etc, just a different title.

 

Not same pay if hes losing £8000 a year

[Queens_king]

Hold on ... In one post he states he will be on the same pay but later says he will Loss £8,000.

 

Which is It? Loss or no loss

 

if the £8,000 is the expenses then he has already said that he could lose it on his current contract so there is no los

[senior manager]

The salary is to remain unchanged, it is the 'package' that I will lose, ie £8000 a year on car and fuel

[Guest topcat14]

If the employer can demonstrate that it has sound business reason for downgrading a position, then it has the right to do so. The contracts of the employees that are currently working those positions will need to be looked at/adjusted on an individual basis (hence the one to ones).

 

In my opinion the employer would not be considering the position as redundant, they still have the same tasks to perform, it is the perks that go with that role that will be reduced. As long as you have other rights per your old contract such as length of service and basic pay, then the contract has not materially changed, therefore, a constructive dismissal is less likely to succeed.

 

There is always a risk in these situations and the employer has taken the road that it views is the least risk. While that they cause some upset, at the end of the day they will achieve the goal for the ongoing business.

 

On a practicle basis your acceptance of the new terms from 18th April would be subject to you raising a grievance through the proper company procedure, if you feel strongly enough about it. You should have been given the right to appeal in any case against the changes otherwise within a very short time (say 1 month) the company could consider that you have accepted the new terms.

[Emmzzi]

the law is biased to try and keep you IN a job.

 

I am sorry, I do not think this is going anywhere.

[senior manager]

Thank you for your comments and advice everyone

[ericsbrother]

Job evaluation on a points scheme? If so does it add up to be the same grade.

[donarebun]

Hi,

 

I would say start looking for a new job but just raise a grievance to buy yourself more time.

 

all the best

[senior manager]

Cheers guys