I am a carer for my elderly mum who has breast cancer and lives with me. I have worked in my job since 2005, being TUPEd when another company won the contract in 2013. I was part time four days when I was TUPEd and then in 2014 it was agreed I could go down to three days. I have not taken any time off to care for my mum as I have managed things well working the three days and before my mum got cancer I even worked extra hours when needed. My employer has told me my team leader role needs to be full time due to restructure and the possibility of the new contract being larger. I have said I cannot take the full time role due to my care role and they have begun a consultation process to redeploy me. There is nothing equivalent to my role locally, but my manager mentioned a lesser role band 5 whereas I am currently band 6 which will probably be £5-8K less pro rata. They have told me redundancy does not come into it as they are looking to redeploy me and I feel I may have to take a downgraded role with less pay as I am worried they will dismiss me with no redundancy pay. They will not consider a job share as they deem it will cause conflict in management. I believe they have a previous employee in mind for the full-time role at a lower wage and want me out as I was TUPEd on a good wage. I am going to be 60 years old in September and will probably find it difficult to obtain employment. Please can you give me some advice as I am confused why I can’t get redundancy pay after being employed for 11 years. It has really upset me as I love my job and all of the team like me in the role.
If your employer is undergoing a restructure and as a result they are changing your job role they are obliged to find you alternative employment. If your role no longer exists then there is an argument to say your role is redundant. If your employer believes they can redeploy you this will explain why you have been told you are not redundant or at risk of redundancy. In order to avoid compulsory redundancies your employer should offer you or give you the opportunity to apply for any suitable, comparable positions that are available. If there are no alternative roles available your employer may then place you at risk of redundancy.
In order for a role to be deemed to be comparable it should be similar to the role being made redundant in that it should require similar skills, be worked over similar hours, in the same or close location with similar salary and benefits. If you are offered a post your employer feels is comparable but you do not, you are entitled to a four weeks trial period. If you still consider the role unsuitable after that you can request your redundancy payment. Please be aware that if your employer views it as a comparable role they may not pay your redundancy payment. For this reason it is always helpful to express your concerns early on in the process and seek their agreement that they will pay you your redundancy at the end of the trial period if you still feel the same.
You have raised in your e-mail that you think your employer has already earmarked someone for your position. If you believe this is because you work part-time hours or it is connected to your care duties you should raise this with your employer. You could speak to your line manager or HR informally or alternatively you can raise a formal grievance.