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Redundancy Risk

  • 05-03-2012 4:44pm
    #1
    Registered Users, Registered Users 2 Posts: 262 ✭✭


    Hi...not looking for advice ...just some opinions.

    I have recently been placed at risk of redundancy and my employer has come back with a restructure that leaves me at the same grade, salary etc but has given me slightly different responsibilities.

    I am OK with the new role but want to be sure that by accepting it I dont affect my tenure....ie my service and employment rights remain intact in the new role.

    If by accepting the role performance targets are added for a review in say September can they act unilaterally in September or do they have to start a new review process at that time ?

    By accepting the role does my 'risk of redundancy ' automatically disappear?

    Any opinions welcome.....


Comments

  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Changing your role in the company does not affect your service or employment rights. That is, if you have 20 years service, the counter doesn't reset when you accept a new role in the same company.

    You can still be at risk of redundancy even after changing your role, it won't protect you from being made redundant at a later time.

    When they review again in September, they are free to make you redundant at that stage. In fact, it might give them more scope to do so by showing that they attempted to find more work for you, but it wasn't there.

    There are 2 main risks when your role is changed but you're at risk of redundancy:

    1. If they drop your salary or reduce your hours (dropping your pay as a result), then your possible redundancy payment is reduced, no matter what your previous salary was
    2. It can be an attempt to manage you out rather than pay redundancy - by changing your role the hope is that you can be shown to be performing poorly and fired, or you will leave because you hate the job.

    In the case of no. 2, if they are not satisfied with your performance they will have to go through a disciplinary process, you can't be fired on the spot. So it's rare enough this happens, but it does on occasion.

    In most cases an employer is not a scrooge trying to shaft you and most management types will tell you that making someone redundant is one of the most horrible things they've had to do. So it appears to me that your employer is genuinely trying to keep you by finding more productive places to use you.

    Use your own instinct. If you are up to the responsibilities of the new role, then since you are receiving the same pay and conditions, you don't have anything to lose by accepting the offer.


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