Company restructure nightmare - advice needed please

[Booper13]

Hi. I'm on AML at present and have just been contacted by my boss to tell me the company is being restructured. As a result, although the actual job itself is the same, the geography of it has significantly increased, meaning that I would have to be away from home approx 1 week in every 3. Obv I can't do this with a small baby (and this wasn't part of my worklife pre-baby) so I wondered where I would stand on challenging this. I had intended to ask for part time on my return, but this new geography would make this unlikely to be granted. Any advice gratefully recived. Thanks. xx

[TotalChaos]

Does your contract of employment say that you work at a particular place, or that you have to be flexible?

[Booper13]

Neither. Just states job title. It refers to the job description which is a generic one for all employees in my role.

[flowerybeanbag]

Booper13 after your AML as I'm sure you know, you don't have the right to come back to the same job necessarily. If that's not possible, because for example the same job doesn't exist, then you must be offered a suitable job on no less terms and conditions, which it does sound like this probably is, particularly as the actual job is the same, it's just the geography which is different.

The reality is, if your previous exact same job no longer exists and restructuring has changed the working arrangements of it, you probably can't challenge it. This is all assuming that the restructuring is 'genuine' and they haven't just changed the geography of your job with no good reason. And the fact that your personal circumstances have changed which means you would find this new arrangement difficult is irrelevant, the new job must be reasonably similar and on same terms and conditions as your old job.

Were you consulted at all about the changes to your job/restructuring in general?

Your contract of employment must legally state where your normal place of work is, can you check again? It should say something about where you work, and often includes something about changing this, or being flexible or similar.

Just another point, don't assume that a change in geography will necessarily mean a flexible working request is unlikely to be granted. I don't know what you had in mind, but if for example it would involve a job share or similar, the geographical area could be split in two or something.

A good flexible working request may be the way to go.

[RibenaBerry]

I agree that a flexible working request may be the way to go. It also sounds like you could potentially have a redundancy situation if the job is so different in its demands that it is not 'suitable' for you.

However, do bear in mind that redundancy payments are only generous if employers choose to make them so (or if they mess up the redundancy process). It can be as little as your notice period plus a few hundred pounds per year of service.

[Booper13]

Thanks for your replies.
Flowerybeanbag - I was promoted to a managerial position in March 2003 and the document I have is an amendment to contract which states my new job title, the date from which it is effective and other info eg salary, hours, expenses, cars, holidays, pension. No mention of location. I was informed over the phone that the company was restructuring and what my new region would be. No consultation. I think this was announced to the other managers earlier in the day and they all had an interview to ascertain what region they would prefer and what if they couldn't have it, would they move etc. I know that I have "the right to return to your old job or an alternative on terms and conditions of employment no less favourable than those which would have applied had you not been away on maternity leave". Could I argue that the significant time away from home is less favouravble.
Ribenaberry - would I have a case for requesting redundancy?
The company have only ever allowed a manager to go down to 4 days and even that is now frowned upon (MD doesn't like PT in any role, espec management) and no job shares have ever been granted. I would prefer to be made redundant than take on this new role.

[flowerybeanbag]

The amendment to contract doesn't have to restate stuff that isn't changing, so your original contract should say location if you still have that.

Anyway that's a bit of a minor point. You could argue that the significant time away from home is less favourable I would say, obviously depending on what was happening before - were you going away for work before?

Assuming the time away could be classed as less favourable, if there isn't a job available which is 'similar but with no less favourable terms and conditions', I would say your position is redundant, so you could claim redundancy. Is there any other job available through the restructuring which would be similar in terms of time away to what you were doing previously?

The lack of consultation concerns me, and what concerns me even more is that you say everyone else had an interview with an opportunity to discuss the new arrangements/have a chance to state a preference as to region. Treating you differently because you are on maternity leave is sex discrimination.

[Booper13]

Have mislaid my original contract. However, we had a minor change to our job title in 2005 and the Job Analysis for this states the location as "Field Based".
I can't definitively answer whether there are any other jobs similar in terms of time away to what I was doing previously as I haven't been shown the way the country has been divided up and what the new regional structure looks like - just told that I still had my job and that it now had Northern Ireland added to it. The others obviously were shown the new structure and I believe they were also told a couple of weeks ago that this was on the cards. Even if another region involved less time away from home, it would involve relocation which is not a practical option for me.
I would like to pursue redundancy, how should I go about this. Would you recommend that I go to an employment lawyer? If so, can you recommend anyone in Scotland. I suspect my company will not be keen to make me redundant even though the award is fairly minimal. Thanks for your advice.

[Booper13]

Should have said that previously the only time I spent away from home was at managers meetings, conferences etc - all the work on my region was doable without staying away.

[MyLittleMansMum]

I am new to the board but would suggest contacting ACAS they can give you free employment advice over the telephone and are in a position to tell you what your best course of action would be.

I think you could argue for constructive dismissal as effectively you have be left in a position where you are unable to do your job. Your employer is obviously aware of your change in circumstance as you are on Maternity Leave how are you meant to provide care for your baby every third week? Unless you have family close by there is no provision for 24 hour childcare which you will need if you are expected to work away from home on such a regular basis.

I think you would have a good case for lack of consultation, breakdown in trust and sex discrimination.

Good luck

[flowerybeanbag]

This isn't constructive dismissal - the fact that you are unable to do this job because you now have childcare responsibilities isn't your employer's concern - they are not expected to take into account changes in personal circumstances unless you do put in a flexible working request.

The issue is whether the job being offered is similar enough and has equivalent terms and conditions, and I think being required to work away from home 1 week in 3 when previously it was only occasionally may well be less favourable, in which case your position is redundant.

The lack of consultation and opportunity to state a preference when everyone else had that opportunity is sex discrimination, as the reason appears to be that you were on maternity leave.

I would suggest you do go and have a chat with an employment lawyer - many will do you a free consultation, and can obviously hear more detail about your circumstances than we can on here.

Can't recommend any I'm afraid though. CAB might be able to?

[flowerybeanbag]

Hi MLMM by the way, welcome!

[Booper13]

Thanks - will arrange to see a lawyer asap

[MyLittleMansMum]

Thanks flowerybeanbag.