HOW do you justify job is unsuitable to get redundancy pay ?

seaweed5254

HI All,

Sorry if this has been asked before, as i got no one to turn to.

I was suppose to be made redundant on 31/7. 2 days before that, the company offered my a job in a different role within the same department. I was kind of hesitant but i accepted it as long as i have a trial period (by law it's required). My trial period will expire on Monday. I am not happy with the job as it is a backward step for me, and i do not see any career development for me.

Initially, i thought it would be easy to justify to say that i do not like the job, but then now i know that i have to prove that it is not a suitable job for me. I've been searching the web for advice but the only thing i can see is that if the terms and conditions are different, or there's relocation, or salary is lower, and if the skills aren't the same , then it's justified.

Would anybody please help me how make my justification ? I've tried to apply for a different job within the same company 3 times (in another department), but i was never offered any of it.

i tried phoning the citizen's advice bureau but there is only an answering machine to take my call....arghhhhh....

thanks in advance..

seaweed5254

Thank you Toots,

Ever since we were given a notice of redundancy in May, our company has offered their help by providing us an outplacement consultant for free. AS part of the programme, these consultants have courses online that they offer , topics ranging from Personal development, to technical studies. I did around 4 courses via their website. That's just about what i did to try further my knowledge so as it could help me in my job hunting(Too).

Funnily enough, this alternative position has the same level and requirements as what i had before. But in reality, it is totally different..but on paper, only one aspect of core competency is missing....Analytical thinking. And also, the current job description does not match anymore what is actually being done, also because relocations of production lines have taken place already. THey were moved to China..Part of my job is to deal with the production activities (which used to be in the UK).

I hope there are more people out there who can help me before the end of the week...

Thanks in advance..

seaweed5254

HAs anybody got any ideas pleaseesss ????

Fleago

Seaweed, a long shot, but do you have legal cover on your home contents insurance? Worth pulling it out and looking to see if a legal helpline is included? My other thought is contacting your Union, if you are in one they should certainly be able to help you. I'm sorry ACAS weren't helpful to you, normally they are very good.

seaweed5254

THanks. Unfortunately, I'm not a union member and i dont have home contents insurance. I tried CAB and they recommended me to Manchester Employee Rights Advisory Service. I found their advice very helpful but i was looking for a second opinion...

I was told by ERAS, if me and employer dont agree then i can take it to the Employement tribunal for them to decide. But during that time..do i leave the company ? like i'm not coming in anymore the following day ? I was told i can. Otherwise, if i still work for them after my trial period ends and handover my resignation, it means i agree with their decision. If i handover my resignation, i need to give them 2 months notice.

PS. I sent a complaint email to ACAS to let them know how one of their advisors handled my query.

Optimist

I take it this is a 4 week trial given that the legal entitlement,if so you must see your manager on Monday and explain your situation. If you stay on for even a day longer without a written agreement extending the trial period you will be deemed to have accepted the new job
You never know your employers may accept your decision without any problem
Good luck

seaweed5254

Toots wrote:

Seaweed

You haven't actually said but do you feel Management won't let you just say you feel it's unsuitable because of it being a backward step career-wise. Have you actually run the redundancy proposition by them?

Toots

Hi Toots,

I dont exactly understand what you mean by this.

seaweed5254

HI Toots,

Had the mtg today with HR and my boss. The HR mgr heard both sides of the story. In the end , he will decide tomorrow if i'm entitled to the redundancy pay or not. But, i get a hint from him that i wouldn't. He gave me all the considerations to decide if i get the pay, e.g, if it's not the same terms and conditions, if it's not the same job level, if i had been relocated, etc. All of these conditions are satisfied to say the job is suitable. I expressed my side, like how i feel that this job has less responsibilty and i dont see any career and personal development in it, etc. It's so unfair that the company has to decide.. Of course they are biased. As much as possible they dont want to give it.
My boss was saying things that i could've done, and still could do with the job. But i told them, what we were talking about was my experience during the trial period.

The HR mgr also kept asking me if i got a job yet. Although i do have an offer from another company, I didnt tell him.

Anyway, he did say that if i dont agree with their decision, i can just resign or claim for constructive dismissal.