Employment law advice please

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I am a Band 7 Allied Health Professional (Podiatrist) in the NHS. I have essentially been in the same job for 23 years climbing grades. The trust has changed several times in my employment.

I am asking as my union rep is away and I want to have an idea where I stand.

My department is going through a 70% cut and my post is being deleted so I know I will have changes. So far everyone in my department has been redeployed to jobs they are happy with. We had the policy to replace leaving staff with locums in anticipation of this to lessen the impact. I am the last one to be sorted.

All through the process we have been told that any redeployment has to be at least a 75% match of current role and there would be no cross band matching. I am the most qualified person in my department although the new post is one that I have no specialist training in.

I have been 'offered' a job at a lower band (band 6) that would either be very different from my current role or I would end up doing the same on a lower band. I am the only one to be 'offered' a lower band. I have put commas around offered as its a take it or make yourself voluntarily unemployed situation. In the interview I was told categorically that the trust has a no redundancy policy (despite previously being told it was an option) which to me implies that fairness is not the main consideration.

I would have pay protection for 3 years.

To throw a spanner in the works I have wangled an interview for a band 6 NHS job in my local trust. A lower band but on my terms and much less travel. Would lose inner London weighting though.

I am in a mess and confused what to do. I want to tell them to shove their de-banding and walk (and probably will into the other job if I get it) despite the loss of pay.

I am really angry about this, not sleeping and feel intermittently nauseous.

Do I have a case?
Can I claim constructive dismissal if I walk? It feels like I cant stay and have no options.
Can I force a redundancy?
Do I have to accept the de-banding offer to have any chance of a claim?
Do I just have to suck it up and accept it or take the other job (if I get it?

Some of this may be coming from anger and me wanting to hurt my employers and some of it is coming from a position where I feel that I am being really hard done by.

Any advice would be appreciated.

With huge thanks in anticipation of responses.
 


They have to offer redundancy it's the law.
Despite there being a job at a lower banding available?

They have deemed the job suitable despite it being quite different and doesn’t follow their no cross band matching promise.

Unfortunately I was so shocked in my interview where the job was ‘offered’ to me that I didn’t ask for details of the justification of it.
 
Despite there being a job at a lower banding available?

They have deemed the job suitable despite it being quite different and doesn’t follow their no cross band matching promise.

Unfortunately I was so shocked in my interview where the job was ‘offered’ to me that I didn’t ask for details of the justification of it.

I wouldn't worry about that. You've had time to reflect.

I don't know the difference in pay grades you state, but if sufficiently significant, then it's not a comparable offer and I'd assume you have a case to argue. Go to a Solicitor with specific details and they will advise accordingly.
 
Despite there being a job at a lower banding available?

They have deemed the job suitable despite it being quite different and doesn’t follow their no cross band matching promise.

Unfortunately I was so shocked in my interview where the job was ‘offered’ to me that I didn’t ask for details of the justification of it.
having seen the way my wife was treated by durham council and the lack of interest the unions took, I have no confidence at all that right will be done
 
Speak to your union rep. The SMB is no place for this sort of advice. But ultimately do what make you feel good and gives you a decent wedge.

"So long as the bosses pretend to pay us, we will pretend to work."
 
Despite there being a job at a lower banding available?

They have deemed the job suitable despite it being quite different and doesn’t follow their no cross band matching promise.

Unfortunately I was so shocked in my interview where the job was ‘offered’ to me that I didn’t ask for details of the justification of it.
You said the job is not close enough to be considered plus it's a demotion. I would refuse and insist on redundancy. I'm no expert mind think janey is a lawyer though.
 
You said the job is not close enough to be considered plus it's a demotion. I would refuse and insist on redundancy. I'm no expert mind think janey is a lawyer though.
janieP is the lawyer. Janey I think works in a different field (cant remember if she has made that public, so don't want to disclose)
 
I wouldn't worry about that. You've had time to reflect.

I don't know the difference in pay grades you state, but if sufficiently significant, then it's not a comparable offer and I'd assume you have a case to argue. Go to a Solicitor with specific details and they will advise accordingly.

Pay protection for 3years through tupe.
 
As you say your job is being deleted as part of a restructuring exercise. You must be served notice of redundancy and provided with the financial settlement and notice period (12 weeks for you). Your job is no longer there.

In the current public sector climate a one band drop protected for 3 years seems quiet generous if you are successful.

I guess your chances depend more on you suitablily rather than experience etc although what your employer says will toe the employment line.

Do you feel confident. Realistically do you think they will want to keep you. If not then go for the other job.
 
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Speak to your union rep. The SMB is no place for this sort of advice. But ultimately do what make you feel good and gives you a decent wedge.

"So long as the bosses pretend to pay us, we will pretend to work."
My rep is new and hasn’t been trained yet. The area rep is away at the moment. I’m just trying to get a rough idea where I stand.

You said the job is not close enough to be considered plus it's a demotion. I would refuse and insist on redundancy. I'm no expert mind think janey is a lawyer though.
I have been told that if I refuse it I will have made myself intentionally unemployed.
 
My rep is new and hasn’t been trained yet. The area rep is away at the moment. I’m just trying to get a rough idea where I stand.


I have been told that if I refuse it I will have made myself intentionally unemployed.


By deleting your current post your employer is making you redundant. Although they offer an alternative offer the fact remains
 
As you say your job is being deleted as part of a restructuring exercise. You must be served notice of redundancy and provided with the financial settlement and notice period (12 weeks for you). Your job is no longer there.

In the current public sector climate a one band drop protected for 3 years seems quiet generous if you are successful.

I guess your chances depend more on you suitablily rather than experience etc although what your employer says will toe the employment line.

Do you feel confident. Realistically do you think they will want to keep you. If not then go for the other job.
I think they will be happier if I leave as they won’t have to pay pay protection to a new employee.

The new post is in an area that I have no experience or training in. I have been told that I can keep some of my current responsibilities which feels like an insult.

I probably will take the other job if I get it. Interviewing tomorrow just to get away. My current feeling towards my employers is toxic and I fear that staying there will make me bitter and damage my mental health.
 
Despite there being a job at a lower banding available?

They have deemed the job suitable despite it being quite different and doesn’t follow their no cross band matching promise.

Unfortunately I was so shocked in my interview where the job was ‘offered’ to me that I didn’t ask for details of the justification of it.
Have a look in A4C handbook as redundancy is covered in there.
The other thing you could look at is MARS but you then wouldn’t be employable in the nhs for a year but the idea of a year or 2 working at the Wellington or clem Churchill wouldn’t get you out of it for a bit
 
By deleting your current post your employer is making you redundant. Although they offer an alternative offer the fact remains
Should I then have a choice between redundancy package or a lower but pay protected post?

Have a look in A4C handbook as redundancy is covered in there.
The other thing you could look at is MARS but you then wouldn’t be employable in the nhs for a year.
What is MARS?

I currently hold 2 part time NHS posts in different trusts.
 
I think they will be happier if I leave as they won’t have to pay pay protection to a new employee.

The new post is in an area that I have no experience or training in. I have been told that I can keep some of my current responsibilities which feels like an insult.

I probably will take the other job if I get it. Interviewing tomorrow just to get away. My current feeling towards my employers is toxic and I fear that staying there will make me bitter and damage my mental health.

Please play this situation with caution. If they are forcing you out, then you effectively have the upper hand. Do not allow emotion to get in the way, listen to what they have to say, make notes and agree to nothing. You have time, that have only the time you are in the meeting. But get a professional involved.
 
Should I then have a choice between redundancy package or a lower but pay protected post?


What is MARS?

I currently hold 2 part time NHS posts in different trusts.
Mutually agreed redundancy scheme

NHS scheme where they basically are removing higher bands or high up that band and replace you with a new person at the bottom of the band.
 
Should I then have a choice between redundancy package or a lower but pay protected post?


What is MARS?

I currently hold 2 part time NHS posts in different trusts.
I don't think you are actually being made redundant. The three year wage support in a substantially similar role would cover that. Take the 3 years and sort yourself out a move from there would be my advice, you're not likely to receive any pay off I don't think.
 
Please play this situation with caution. If they are forcing you out, then you effectively have the upper hand. Do not allow emotion to get in the way, listen to what they have to say, make notes and agree to nothing. You have time, that have only the time you are in the meeting. But get a professional involved.
It’s what I am doing.

The other job is something that has just fallen into my lap. If I get offered it I will explain the situation.

I am making no decisions until I have at least spoken to my union area rep and then hopefully a union supplied solicitor (although I don’t want to throw money away on the impossible when I will be losing income anyway).

One big problem I have is that after 23 years my managers are also friends. I have to keep my cards close to my chest. We have a big blur between professional and personal relationships and usually can be quite open with each other. I mustn’t be and will find that very hard.
 
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