Redundancy advice

Hello there,

I'm wondering if anyone could help me in my dilemma.

I have been working for my current employer for 3.5 years as a contracts manager, primarily looking after scaffolding projects in the teesside region. Due to loss of work/turnover/profits in other areas, namely Scotland, approx 2-3 months ago it has been decided that the company as a whole needs to pull in it's belt and reduce it's overheads. Around that time, a rival company was struggling and our company decided to employ one of their contracts managers with view to picking up their business should they go into administration. The rival company has gone into administration and it looks promising that our firm will pick up some of the work left behind. At the time I questioned the new arrivals appointment and was told that I may be offered the opportunity to move into a safety role and the new arrival will subsequently fill my role as well as look after any new work gleaned from the rival company.
2 weeks ago, I was asked to go into the office to see the MD and he stressed that the safety role is now not an option and I was given an 'at risk' letter stating a potential change to my employment or redundancy which was basically a demotion to chargehand scaffolder, looking after a major job in Newcastle. I stressed that I was busier than ever and asked if my contracts managers role will be redundant. The MD stated that the Operations Manager, Operations Director and possibly the new arrival will share my work out between them. My MD tried to justify the reason why I was being selected for the role of Chargehand Scaffolder by stating that several of my current contract jobs are coming to an end, I stated that this has always been the case, one job ending and another starting, and ultimately I have been busier the last year than the previous 2. My MD was getting increasingly annoyed at my questioning, especially from a legal perspective and it has became evident that it is a 'like it or lump it' scenario...take the new job or immediately go on redundancy notice.
I am very annoyed at the stance as the new arrival has been assuming a similar role as myself and there is also a contracts manager in Newcastle who started employment around 2 months before myself. I am aware that both of them have had similar 'at risk' letters and consultations, however it only appears that myself is faced with an ultimatum....accept alternative and massively different employment 55 miles away from my home, or redundancy.
To add insult to injury, the new arrival has been given major contracts to look after in my Teesside patch, which is making it look like I have less to do and helping my MD to justify his position and decision.
It now seems blatantly obvious that I am being repositioned to accommodate the new arrival and justify his appointment.
What are my options, if any ? I smell a massive rat, and our company don't always work within the legal guidelines. They are playing on my good nature and hoping I don't challenge it and because of fear of redundancy (I have a young family) I will just take the new role and then it will be deemed that I have accepted things and any legal book will be shut.

Please can someone advise and assist, it would be massively appreciated.

Regards,

On the face of it, based on what you have said, it does appear that there is a case for unfair dismissal here. If there is to be a reduction in head count, then the employer must carry out a fair and objective process to determine who is made redundant, although at the same time, you need to be aware that length of service is not a fair mechanism (in its own right) in law, so they can certainly "lump you in" with anyone at risk, and simply because a newer member of staff has joined the company more recentely does not mean that they must not get the remaining jobs. You should be asking on what basis it has been decided that your job is redundant.

That said, organisational change is a potentially fair reason for redundancy, and if you are selected under a fair process then you are left with either accepting redundancy or another job. The job does not have to be equivalant - but if it isn't you do have to accept it, you cannot be forced to take it. If you intend to challenge this, you will need to be sure that no fair process has been used to determine that it is your post that needs to to be deleted. But I will warn you - it isn't ever hard for employers to come up with such a process and still get the result they want.

Thanks for the swift response, it is much appreciated. I do have a few more questions to ask if that is OK.

1. Is it correct that I can take the alternative job offer on a 4 week trial and should I decide the job is not for me, still qualify for redundancy (if that is still the only alternative option) ?

2. Can the company run a redundancy notice alongside a 4 week trial in a new job ?

3. If the company decided to make me redundant in lieu of notice, what is the minimum payment they must make ?

4. Should the redundancy occur prior to Christmas, am I still entitled to my Christmas Holiday payment ?

5. I also cannot recall ever receiving and signing a contract of employment, can I request to see what my actual terms and conditions were at the onset of employment ? Would there be something logged in my personal file as I am unsure as to whether there are specific terms relating to redundancy.

I anticipate a major shuffle and potential dodgy movements within the company immediately after I make the decision to move and will therefore have more evidence of unfair tactics. This knowledge could be used to strengthen any subsequent case for unfair dismissal.

Once again, thanks for the assistance.

Regards,