What constitutes an unreasonable offer of alternative employment?

16-10-10, 02:42 AM

Hi there - this has probably been covered elsewhere so apologies for any duplication but there is a lot of info out there!

Basically, public sector cuts are affecting me through restructuring and my current post is being deleted. I have been ringfenced for a post that is being created which is made up of a single element/roughly a third of my current job. The ringfenced post means taking a £6k pay cut and loss of £4k car allowance - would I be within my right to challenge this as being an unreasonable offer of alternative employment? There are 2 others ringfenced for this post - one being the current postholder who is in effect going for a job with a slightly changed title.

Something doesn't feel right with this situation (I may be being paranoid!) but especially when there is another post being created that I have not been ringfenced for which is a notch higher on the payscale than my existing role but of which I have the competencies, qualification and experience required, and is in the same directorate I am employed. The organisation would actually gain from redeploying me there, which doesn't make sense. I would have thought that on a general basis, if people are at risk, then they should, all things being equal, be offered ANY suitable/closest alternative vacancy first?

Many thanks in advance for any help you can give, kind regards

16-10-10, 09:14 AM

Only a tribunal can determine what a suitable alternative vacancy is - so in effect any vacancy is suitable if you and the employer both agree that it is. If you disagree that it is question then is "what is a reasonable cause to refuse a position because it is not a suitable alternative" - and that would vary depending on every individual circumstance, but broadly speaking, a post that is paid or has benefits which are substantially less than your current position would probably qualify. But even then, it really does depend on individual circumstances. If you were being asked to take a £6k pat cut on a salary of £30k that's a clearly unreasonable offer - if your salary is £80k it may be more borderline. As for the job that you haven't been ringfenced for - you are not a passive participant in this process. That's the point of "consultation" - if you think you should be considered for another post or post(s) you should riase the matter, and if you aren't happy with the answer, raise a grievance about it.

15-02-11, 09:05 PM

Hi SarEI - thanks to your advice I am now ringfenced for the manager's post. However, there has been a significant delay in interviewing for the post as one of the other internal candidates had a heart attack possibly due to the stress of the situation! Thankfully he is on the mend and interviews are now imminent. In the meantime I have remained employed on my current T&Cs and will remain so until the interview in a few weeks. Officers who have already been unsuccessful in securing a post within the new structure have left suddenly without having to work notice periods on 'compromise' agreements but the corporate message has been that the outgoing officers have not had any enhanced payment offers. I am now considering withdrawing from the ringfencing process for personal reasons and need to clarify that I am still entitled to EVRS as I am in this 'limbo' situation and if I should be entitled to the same deal - although an oath of silence has been agreed to by those who have been affected. Are you able to advise me on how to proceed to secure the best outcome for me?

The organisation has also made a Head of Service redundant and despite publishing a restructure policy that states that any post left vacant following a restructure will first be advertised internally, then will be advertised externally. The advert immediately went external despite myself for one, and other senior officers being in an 'at risk' situation. Does this constitute officers being disadvantaged or treated unfairly by not being given the opportunity to secure another post within the organisation?

Finally, and I am aware this is probably more of a moral issue, but the current director was overheard saying that the interviews (of which I am taking part) should not take long as he knows who he wants. It was a private conversation on the telephone but was witnessed by myself and 2 other colleagues. I know this flouts the convention of the interview process being open, fair and transparent but wonder where this leaves me in doing something about it - please can you advise?

Again, many thanks for any help, advice and information you can give.

Kind regards
Polly Syms

15-02-11, 09:32 PM

Originally Posted by Polly Syms

Hi SarEI - thanks to your advice I am now ringfenced for the manager's post. However, there has been a significant delay in interviewing for the post as one of the other internal candidates had a heart attack possibly due to the stress of the situation! Thankfully he is on the mend and interviews are now imminent. In the meantime I have remained employed on my current T&Cs and will remain so until the interview in a few weeks. Officers who have already been unsuccessful in securing a post within the new structure have left suddenly without having to work notice periods on 'compromise' agreements but the corporate message has been that the outgoing officers have not had any enhanced payment offers. I am now considering withdrawing from the ringfencing process for personal reasons and need to clarify that I am still entitled to EVRS as I am in this 'limbo' situation and if I should be entitled to the same deal - although an oath of silence has been agreed to by those who have been affected. Are you able to advise me on how to proceed to secure the best outcome for me? You can but ask. There aren't any rights and wrongs - the best placed person to decide this is the one who knows the employer!

The organisation has also made a Head of Service redundant and despite publishing a restructure policy that states that any post left vacant following a restructure will first be advertised internally, then will be advertised externally. The advert immediately went external despite myself for one, and other senior officers being in an 'at risk' situation. Does this constitute officers being disadvantaged or treated unfairly by not being given the opportunity to secure another post within the organisation? There is always a let out clause in the small print. It usually stipulates conditions where the normal rules can be got around. It's always there!

Finally, and I am aware this is probably more of a moral issue, but the current director was overheard saying that the interviews (of which I am taking part) should not take long as he knows who he wants. It was a private conversation on the telephone but was witnessed by myself and 2 other colleagues. I know this flouts the convention of the interview process being open, fair and transparent but wonder where this leaves me in doing something about it - please can you advise? What - are you two ? The smiley faces aren't working right now or I would have inserted one! You do know that this is usually what happens? It was a private conversation which will be denied, you lot are all being restructured, made redundant or whatever... who do you think they will choose to believe? Keep your collective heads under the parapet or they will be shot off!

Again, many thanks for any help, advice and information you can give.

Kind regards
Polly Syms

You are welcome Polly, for the last lot of advice, but I fear that at this stage my best advice would be to hear no evil etc.,etc., and talk nicely to the "man"! Assuming the preferred candidate isn't you then they should be willing to let you go on the terms agreed to get you out of the picture - so don't go upsetting apple carts.

16-02-11, 08:29 PM

Thanks so much again SarEl - your advice is always spot on! Unfortunately, I am the preferred candidate which makes it a bit trickier to get out of there with my dues - I fear flunking the interview isn't going to work either!
Kind regards
Polly

16-02-11, 09:51 PM

Ah. That will teach you not to be paranoid. And to be careful what you wish for! But I suspect in that case your only hope is that you can convince them to live with their disappointment!

What constitutes an unreasonable offer of alternative employment?

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