Restructure and possible redundancy

Hello, just hoping for some advice really from an unbiased pair of eyes.

I have worked for company A for 5 years. Company A was taken over by company B in Nov 2011 - staff TUPE'd over (both are charities)

Company A had 12 employees, company B 20.

I am the Administrator in company A, I report to the Director. My nearest equivalent in company B is an Admin Manager (although we are on different pay scales). Leading up to the mergertake over we worked together to look at admin procedures for both orgs and identified that there was a 40% duplication in our roles.

There are also 2 other part time admin assistants in company A (and 1 in company B) who provide support to specific projects. Together we work 60 hrs per week.

Due to the merger (take over) there is to be a restructure of admin for both companies and due to a reduction in funding also there are some cost savings needed.

We have been issued a risk of redundancy letter with a re-structure proposal to consider. The new proposal is as follows:

One new admin team to streamline support.
One Manager (full time) and Admin Asst's who will work a total of 40 hrs.

So this will be an open recruitment process however the new manager’s job description is identical to the current manager’s post. The admin asst's posts combine lots of duties from 2 scales below mine (these duties have been pro rata'd amongst the current staff team for approx 1 year) this was after the redundancy of a receptionist post in company B.

Since the merger my equivalent has been doing her same role (including the duplication of my role) and I have filled my time giving additional support to other projects and the org. Since merger I have highlighted my concern about 'losing' these jobs but after several drawn out meetings the admin manager refused to share duties in what she thought was her role. I was told there would be a re-structure and all concerns would be dealt with within this. I kept a log of all meetings/emails/comms but didn't want to rock the boat further as I was concerned this would have a negative effect.

So I feel I am left in a pickle now. I have worked extremely hard for past 5 years (securing recognition through a pay rise and change of job description) but it just feels as if the future is mapped out already.

I don't think I will get the 'manager' role so will I feel be demoted to Admin Ass. despite proving myself to be perfectly capable to take on jobs above and beyond my role in some very difficult times for company A in the last five years.

I have my next meeting on Wed where my union rep will be in attendance but I have not spoken to her in person yet. I am aware that my salary will be protected.

I suppose I am wondered what my TUPE rights are, and if others feel this sounds a little underhand?

In essence I feel that a cut should be across the board, the manager will be afforded the luxury of full time employment whereas the rest of the admin team will somehow have to reduce their time by 1/3 (through redundancy or cut in hrs)

I am afraid you have no TUPE rights in this matter. TUPE isn't vastly overrated by anyone who isn't a lawyer. You have, I am afraid, very succinctly put the employers side as to why the changes are required - there is no obvious wriggle room in there. With salary protection (very unusual in the sector, I have to say ).then if you were demoted to a lesser position, it would be impossible to claim redundancy if the employer refuses.

Sorry, that isn't what you wanted to hear. Taking this from a different angle, if you don't get the managers job, what would you like to happen. I can't guarantee we could achieve it, but we could have a look at possibilities.

Thanks for your reply SarEl.

Well firstly we are in the consultation period and we have been invited to suggest alternatives to save the amount needed £15k. I have been working on a proposal that suggests bringing everyone to the same pay scale (sharing jobs equally using a skills matrix) and cutting the manager’s position out.

The 2 directors are currently going through recruitment and one will become the deputy director so I would argue that as a manager will be added then there is no need for an admin manager. This proposal would save the £15k (one of other affected people accepted another job a few days ago so this is including in the proposal as a saving).

Not sure how far this will get but worth a try?

So what would I want if I applied and didn’t get the job? ......Ideally either a decent redundancy package citing that the admin ass. job is not a suitable alternative or for there to be negotiation to agree on a job which has the same level of roles and responsibilities as I had prior to the merger and/or a fair cut (in hrs)across the board.

I am worried that applying for a job a few months down the line with 'tea girl' on my CV would not help me at all I would rather leave now with an honest account of my jobs and achievements.

I feel completely sold down the river esp. as I picked up an awful lot of 'above and beyond' duties due to a reducing work force over the last couple of years. Thanks for your assistance.

I am afraid that you can suggest any alternatives that you like, but the employer doesn't have to accept any of them. That is entirely in their hands as to whether they do.

If they do not, I cannot see the prospect of a good redundancy package. It is a small third sector agency - it's likely to be statutory, but that's just a guess. But I do have to warn you - if you are demoted with pay protection you have no choice but to accept unless the employer agrees to redundancy. The fact is that tribunals right now won't support claims based on loss of seniority when pay protection is in place. They view it as being perverse - it is a job and at no loss of pay, and right now, better than unemployment. Tribunals are currently accepting cuts in pay even, and pretty substantial ones, as suitable alternative employment. The chances of your making a successful claim are pretty slim based on what you have said.

Ok, not much room to move then but at least I can go in a bit more prepared now.

Thanks for your advice.