Can I be forced to accept assimilation or can I take redundancy?

[Ummi6]

I’ve been working for local authority for over 8 years. A new head has been appointed and started a restructure process that should end this month.

 

They have said my role will be deleted but assimilated me to another post which means

job title changed,

big drop in salary,

increased hours to work each day

and more staff to manage

plus they have changed my role to TTO (term time only) rather than all year round.

 

Do I have grounds to fight this?

Edited March 10, 2022 by dx100uk
spacing

[Emmzzi]

Start by involving your union rep.

 

then ask for the guidelines for how they decide one job is equivalent to another (for example , 80% the same, or another figure)

 

get the definition of “assimilation” which I suspect is an internal term: I’ve never used it in a restructure.
 

then ask for the assessment which has been done of your current role against the new one.

 

and then come back and tell us what you found out.

 

I think there may be too big a status and pay change for this to be considered a suitable alternative role,  but let’s see their workings first.

[dx100uk]

sounds like a college or uni...are you in a teaching role or support staff role...the latter i suspect.

[Ummi6]

dx100uk - I work in a school and I’m support staff.

[Emmzzi]

Are you on a permanent contract?

are you on a zero hours contract?

[Ummi6]

I am on a permanent contract which doesn’t actually reflect my current post which has changed many times over the 8 years.

I had a letter about restructure that stated that my post is being deleted as there are not enough children on the school roll for the need of my position.

Along with that letter was a suggested redundancy figure as well as a new job description for the assimilated post.

[Manxman in exile]

When you say your post has been "deleted" from the structure what do you mean?  Has there been simply a reduction in the number of posts  needed to carry out a particular function, or is the function you have previously carried out no longer required?  Do you see the difference?*

 

When you say your daily hours will increase but you are being switched to a term time only contract, are your annual hours changing or just how they are distributed across the year?

 

How much is the drop in salary?  I worked in the NHS and when looking at re-deployment issues it was pretty much accepted that a move either up or down one pay band was considered reasonable when looking at whether or not a particular new post was a suitable alternative.  In terms of pay bands or grades, what does the drop in salary equate to?

 

I presume you are not in a union?

 

*If you are in effect being offered re-deployment into a completely new role that is different from the old one, then I think you could argue that it isn't a suitable alternative employment because of the changes you mention.  But if you are simply doing what is in effect the same job in a different part of the structure and you're being "slotted-in", I think it's not so clear-cut.

 

 

[Ummi6]

In the letter regarding restructure it states ‘The proposal includes a recommendation to delete your post and as such you may, regrettably, be at risk of redundancy.’

Reasons given are:
- to ensure financial sustainability due to a current financial deficit;
- to ensure roles are fit for purpose for 2022 to secure high quality educational provision;
- to match with the falling rolls across LA.

I am the only person in this post and according to the head - no longer needed in my current post but needed within school in another post.

 

My starting time is earlier than my current contract states and being distributed across the year.

 

The drop in salary is over £7000 which means I drop from a PO4 to a PO1.

 

The new post is to manage 5 members of staff - challenging staff, who are facing redundancy themselves in September and to do all the duties of the inclusion manager - post was deleted at Christmas.

This is the idea behind the new post.

The Pastoral Manager, leading on safeguarding, attendance, medical and family support will work in the Inclusion team under the guidance of the SENCo. The pay scale will return to the original contracted pay grade to ensure it fits in line with the school’s pay bracket.

 

 no I’m not with a union.

[Homer67]

Join a Union now, do not raise a grievance until you have joined.

[Manxman in exile]

If the OP joins a union now, the union almost certainly will not advise them on any problems that already exist - which this problem obviously does.

 

(Which is not to say it isn't a good idea to join a union in case of future problems).

Edited March 10, 2022 by dx100uk
unnecessary previous post quote removed

[Homer67]

Not true, they won't deal with an existing grievance (which is why I said don't raise one yet) but lots of people join Unions when they need help. I am a union REP in the NHS.

Edited March 10, 2022 by dx100uk
unnecessary previous post quote removed

[Manxman in exile]

A £7k drop in salary!?!?

 

On the face of it - and I haven't taken in all you've said - I'd have thought that did not sound like a suitable alternative.

[Manxman in exile]

Fair enough then - but I'm surprised.  I worked in the NHS for 25 years and was in Unison, and I've known people who tried to join a union for help with a pre-existing issue (including potential redundancy) and got none - even if there was no existing grievance.

 

Out of interest, what would the grievance here be?

Edited March 10, 2022 by dx100uk
unnecessary previous post quote removed

[Homer67]

I'd also expect there to be some kind of salary protection if you are being re-deployed into a lower banded role, a £7k drop is unreasonable.

 

 

You have only been there 8 years and I believe the salary protection doesn't hit until 10 years service for 3 years protection for the NHS (old contracts, new contracts are only 2 years after 10 years service) but in this case a restructure is being forced on you so you should have some protection as part of that package.

 

You need Union assistance.

 

46 minutes ago, Manxman in exile said:

Out of interest, what would the grievance here be?

The grievance I would raise is re-deployment into an unsuitable role which is not comparable with the current role so effectively the employee is being made redundant rather than being re-deployed.

 

Example:  Fred was a Chef until they redeployed him as a cleaner, he lost 50% of his salary as a result - is that redeployment or being made redundant?

[Ummi6]

Thank you all.

There is no salary protection for me.

If I agree to assimilation then the salary starts immediately and I’m on a 6 month trial.

[Homer67]

Then you are being made redundant and re-employed which is not the same thing as a restructure and re-deployment and a redundancy payment should be made.

 

They are on very sticky ground there and I would be looking into consulting with an Employment Lawyer - check your home insurance as you may have some entitlement to that with that policy.

 

 You need to join a Union stat!

Edited March 10, 2022 by Homer67
typo

[Manxman in exile]

Might going in with a grievance be a bit premature at this stage?  

 

The OP has so far just asked if they can be forced to take the new job - I don't see any suggestion that they have yet come under any pressure to take it.  Indeed, what the employer has told them so far seems simply to be information:

 

1 hour ago, Ummi6 said:

In the letter regarding restructure it states ‘The proposal includes a recommendation to delete your post and as such you may, regrettably, be at risk of redundancy.’

...

 

I don't necessarily see anything there to raise a grievance about?

 

From what the OP has told us so far I'd be suspicious that the employer is trying to push them into a position where they really have no choice but to take redundancy, rather than the employer trying to avoid making them redundant.  I've seen that happen.

 

I'd have thought the time to raise a grievance is when the employer actually comes out and says: "We consider this offer to be suitable alternative employment and if you don't take it you won't be eligible for redundancy".  Until then I'd await developments.  Although if a union said they'd definitely support me on this, I'd definitely join.

 

52 minutes ago, Homer67 said:

Then you are being made redundant and re-employed which is not the same thing as a restructure and re-deployment and a redundancy payment should be made...

 

 

Can an employer do that to avoid paying redundancy?  (If they could the OP would be daft to accept an offer of re-employment if they aren't being forced to take it?)

[Manxman in exile]

1 hour ago, Homer67 said:

The grievance I would raise is re-deployment into an unsuitable role which is not comparable with the current role so effectively the employee is being made redundant rather than being re-deployed.

 

Example:  Fred was a Chef until they redeployed him as a cleaner, he lost 50% of his salary as a result - is that redeployment or being made redundant?

 

Well obviously that's being made redundant.  What have I said that makes you believe I would think otherwise?  If the employer can't offer suitable alternative employment then it's redundancy, isn't it?  But until the employer actually says "Take the new job or else... " I don't see that it's yet a grievance.  Potentially, perhaps, but not yet.

 

The OP doesn't appear to have reached that point yet?

[Emmzzi]

1 hour ago, Ummi6 said:

In the letter regarding restructure it states ‘The proposal includes a recommendation to delete your post and as such you may, regrettably, be at risk of redundancy.’

 

I read this as "we are offering redundancy, but if you really don't want it, there is another job for you to look at"

 

It sounds like a bad job match to me.

 

Ask them outright for redundancy. See if they will thrown in outplacement to help you find a new role. They will probably just be relieved you asked.

 

[Ummi6]

The head is going to HR to seek clarification on whether I have to take the new post or not.

She believes that she has created a job for me and if I don’t take it then I’m resigning.

She is very reluctant to answer my questions and as I’m not in work due to family circumstances, she is ignoring my emails as is HR.

[Emmzzi]

Ok. So here is an ACAS page on what makes a n alternative job suitable. I think have have a very strong case for it not meeting the criteria. (Delays in replies usually mean "I am not sure I know what I am talking about..." and I would expect HR are trying to sort that out, before coming back to you!)

 

https://www.acas.org.uk/your-rights-during-redundancy/taking-another-job-with-your-employer

 

You do not have to take the job if you do not think it's suitable. Whether a job is suitable usually depends on:

• how much you’ll be paid and what benefits you'll get, for example pension
• where the job is – it may be further for you to travel
• how similar the role is to your current job
• what terms you’re being offered
• your skills and abilities in relation to the role

 

[Ummi6]

Update.

I asked the questions regarding guidelines to determine one jobs equivalence to another and she couldn’t answer.

 

2 - your definition of assimilation

The definition of assimilation is as set out in the Organisational Change policy.

 

-      Where the post(s) is (are) substantially unchanged

-      Where the number of postholders is the same as or less than the number of posts.

 

3 - a copy of the assessment carried out by you and the LA regarding my current post against the new post.

Unfortunately, a job description for your role evaluated at PO4 is not available and therefore a formal assessment as suggested could not be carried out.
 

also…. The proposed job description was put together considering the current duties undertaken, the needs of the school and reviewing other similar posts. A job evaluation was then carried out to determine the grade. The job evaluation is shared with trade unions as they are trained in the scheme.
 

and….

However, if you would prefer to be considered for redundancy (with reasons) and or would prefer the school to pursue redeployment opportunities on your behalf, please do contact me and inform me by the end of the consultation period (This is tomorrow)

[mantis shrimp]

What type of school is this? (Sorry if I have missed that) 

[Emmzzi]

Great!  I think you are going to be fine. It's pretty clear your boss is now learning new things about the process they should have known before starting.

 

Tell them you want VR because the alternative role is unsuitable. Put it in writing.

Edited March 10, 2022 by Emmzzi

[Ummi6]

Thank you.

It is a state primary school.

Consultation ends tomorrow so I’m guessing I’ll hear more next week.