Redundancy - confused!

Hello

I'm new to redundancy and a bit confused, so all help will be appreciated.

I'am a senior divisional manager and last year, about 10 months ago in a management meeting we were told that a restructure of the company will take place to ensure more efficient operation. A new structure was shown which did not include my division. It was mentioned as a quick remark that my division will not exist (the functions will, but not as one division), but "I shouldn't worry, there will be other opportunities".

I queried this with my line manager after the meeting but was told that nothing will happen and there are some new opportunities in store. An announcement was sent to all employees to say that there will be a restructure as we are growing and need to streamline the processes, which is true.

Nothing happened for about 3-4 months, except for some meetings to which I was not invited to, only the directors. There was a new position advertised internally for a Change Manager - as we need to streamline the processes and be more efficient.

One of my colleagues applied and was offered the position, although she still kept her existing position to this day as well. Some meetings have taken place to explore the problem areas but no changes have been implemented yet.

There were more rumours and references in the office (by Directors) about the impending restructure and many meetings took place where I was the only senior manager not present. I have queried my position with my line manager and the HR manager periodically, but was told that nothing is happening or known etc.

In December we had a project meeting and the MD said that one of my departments should be reorganised, all the people (4) will be reporting to someone else. I've queried the position, but had no straight answer, it's just streamlining. Nothing happened to this effect to date.
Two weeks ago I was in a meeting with three people one of them was the MD who said that there will be a new manager who most of the people will report to operationally - this would include two of my three departments, but this new manager will not be me. I did not query this in the meeting, but asked the HR manager and my line manager about it. They were unable to say anything.

Last week the internal advertisement came out for the position and I had a call from one of the other directors - not my line manager - to organise a meeting where we can discuss how to reorganise my third department (which was not mentioned until now) and agree who they will report to.

I have again for the millionth time queried what is going on. Was told that nothing is and my line manager said - I don't know. All the directors, including my line managers have been part of the discussions about the restructure, so this was obviously not true. I said that this is not possible as I cannot be divisional manager of something that does not exist, but could not get an answer.

I have complained to the HR manager and said that I am very close to submit a formal complaint.

Yesterday, I was told "unofficially" that my division will be reorganised all the departments will be moved - the division will not exist. The position I am in now will cease to exist, therefore I might be made redundant. The consultation will start in about 2 weeks officially and might take till the end of March when all the reorganisation will happen and I've handed over everything at which point the notice would be served.
I was reassured that the company is looking for an alternative suitable position for me, however at this point there isn't anything I can see that would be available and suitable, except for the new manager's position.

I have applied for the new manager's position, even though that the MD said in the meeting that it will not be me. In my opinion it will be very hard for the company to prove that I am less qualified than the other applicant.

Sorry about the long story...

My questions:

I've transferred from an other company within the same group a few years ago and the notice period was one month. I've been in continuous employment with the transfer, but my notice period here is one month. - which one would apply to the redundancy?

I am concerned that I might be offered a position, which I qualify for, but would not be interested in for the same or less salary. Can I refuse this position and what would be the consequence of this?

I think, I have been treated unfairly with the process - no one would tell me anything until I threatened a formal complaint. Am I correct?

Shouldn't the company have offered me the new managers position before it was advertised internally as they knew I am at risk of redundancy?

Could I ask for a compromise and agree to leave? I feel I have the bargaining power, but not sure legally.

Thank you very much, as I've said all advice will be appreciated.

Reading between the lines - your face doesn't fit. I don't know why, but they don't want you any more. Not nice - but unless they do something very foolish, there is nothing obviously unlawful being done here. Sorry.

Thank you for your quick reply.

They keep telling me that there will be a suitable position for me and they do not want me to go, from your comment it feels that I should not believe this...

HR told me that I would probably have the 3 months notice as per my previous contract, I'm assuming they don't have to offer this legally than, it might be a goodwill gesture.

I guess I should wait until I'm told something "officially". What is the best course of action if I do not want to stay, but would like to get the redundancy pay? Can I tell them that I accept redundancy and that's it?

I've been looking for a position elsewhere as well, obviously if I hand my notice in I won't get any redundancy pay, so I would have to wait. Can I accept a position and start it if I get PILON?

Thanks!

My opinion was based on the version of events you told here, which sounds very much like your opinion is not valued, or that is how you feel. They have excluded you from discussions you obviously feel you should have contributed to. But only you can judge whether they really wish to retain you.

If your employer does not want to make you redundant they don't have to. Being made redundant isn't a right - if they offer you a suitable alternative position, then asking to be made redundant is something they don't have to agree to. If you were made redundant and given PILON (not gardemning leave - some people confuse the two) then you can start a new job, but if you are offered other employment before your statutory notice period (not contractual) you need to be careful because there is a get out clause for employers paying redundancy.