Change of role - advice on options

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  • Contracts can try to give your employer flexibility on your role, but when it comes down to it, a Tribunal would decide what was suitable and what was not. They are pretty strict on employers trying to argue that something is suitable. They would take into account pay, conditions and ability to do the job. However, they would also take into account how suitable it was for you personally - does it fit with your skills and qualifications? Is it reasonable in terms of your career? They won't impose something on you just because you have the ability to do it and the employer is offering to pay the same. On the other hand, you have to be reasonable too. For example, if your job was as sales assistant in a clothes shop and you were offered a job at the store round the corner, you couldn't say that it wasn't suitable just because the walk to work would take 5 extra minutes, but you could probably say it was not reasonable if you were moving from being a manager to an assistant.

    If you do accept an alternative position, you have the right to a four week trial period. If it doesn't work out, either of you can revert to the redundancy option.

    Do bear in mind that statutory redundancy is not that generous. It's basically £290 per year of service (less if this is more than you earn, more if you are over 42). It might not keep you going for as long as you think...
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