Rights over structural changes and being 'managed out'

  1. #1
    Brighton Brighton is offline Priority Member
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    premium_post Rights over structural changes and being 'managed out'

    Hi,
    I am seeking advice around potential redundancy/dismissal. My partner was requested to apply for a more senior role (2 of them internally were asked to apply with no external job ad raised). This role is being developed due to a pending re-structure. The company is going through a clear out and potentially his 'face no longer fits'. He did not get the role and the other internal applicant did (he has 12 years experience, the other applicant 1 year and some large gaps in knowledge for the new role). There is potentially further re-structure afoot now in the department and I wanted to find out his rights.
    The company is large global company with head offices in the UK. He works for the UK office. His department has already had a round of redundancies a few weeks ago and I am concerned that they did not offer him redundancy due to the cost to them.
    My key questions are:
    If they re-structure and change his current job role does he have any rights or does he have to go along with that? What if there is a demotion?
    What would happen if he were to apply for voluntary redundancy? Is this a good idea? Is there a risk in doing this as it goes against him in terms of wish to stay withthe company?
    What can he do to mitigate the circumstances if they are trying to 'manage him out' of the company.
    Someone has mentioned that he could look at performance management as a rote internally - what would this be a benefit for?
    Many thanks in advance for any advice you can give me.

  2. #2
    Peter Etherington Peter Etherington is offline Senior Member
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    Hi Brighton

    If they try to change his current role to one which is clearly outside his contract of employment, then that would not be lawful and he would probably be entitled to resign and claim constructive dismissal. That would certainly be the case if they imposed a demotion upon him.

    If the company are asking for volunteers for redundancy, then there is no harm in applying. Otherwise, it probably wouldn't be the best tactic as it may give the powers that be the impression that he is not committed and damage his prospects.

    I am not sure what your performance management comment means. P mgmt is normally a euphemism for managing someone out (as you also mention) using the disciplinary route (or a capability procedure if there is one). This would only apply if the employer was suggesting that he wasn't doing his job properly.

    I hope that is of some help.

    Pete


 
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