Redundancy Help

Emmzi

chazz123 wrote: »

Rule 1.

If your job role is being taken away, and you "dont" want to apply for other suitable roles, then you are entitled to redundancy.

Rule 2.

Even if an alternative job role is being offered "you still dont have to take it"

That is not true. The clue is the word "suitable." OP CAN be made to take a "suitable" alternative role, there is no legal requirement to offer redundancy if this is done.

OPs idea of suitable and their employer's do not match.

Best person to give a view is probably an employment law solicitor, as previously stated.

If I am wrong and the law has changed since last month please provide a link to your source? It has happened before, not often, but it may have!

chazz123

Emmzi wrote: »

That is not true. The clue is the word "suitable." OP CAN be made to take a "suitable" alternative role, there is no legal requirement to offer redundancy if this is done.

OPs idea of suitable and their employer's do not match.

Best person to give a view is probably an employment law solicitor, as previously stated.

If I am wrong and the law has changed since last month please provide a link to your source? It has happened before, not often, but it may have!

He cannot be made suitable if he does not want to take the role on offer, a suitable role may be available however it may only be suitable in the eyes of the employer and not employee, and in any case:

Where a Job role/Title is being taken away, the employee has the right to request redundancy if he/she does not wish to take an alternative (suitable) role.

Suitable is a too open word, and what is suitable to someone may not be suitable to someone else...

The employer could argue that the role is suitable, however all the employee has to do is say it is not, with a simple yet valid reason, change in conditions of employment, salary, working hours etc etc even just a minor thing would then make the employee in a position that he will be "at risk of redundancy".

In a case like this, the employer has no right to force upon an employee what is a suitable and then tell them to take it or lose out together, the facts are if the position he is holding is being taken away, then if he wants he can request (and by law) should get the offer of a redundancy.

And en employment law solicitor is going to be raking it in on fee's so I would suggest see an employment specialist at your local CAB office, and they can certainly deal with the points you have raised.

The training the CAB employment specialists get is so comprehensive and are updated daily on changes to the law, etc etc that you should most certainly see one first, if they cannot help, then they will pass you onto someone that can, but be assured they will be able to help.

Regards

Emmzi

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029844

"Trial periods

If your employer offers you alternative employment you have the right to a four-week trial period. This period is to help you decide if the job is suitable alternative employment, and for your employer to decide if you are suitable. If you need training for the new job, the four-week period can be extended with written agreement.
If you decide the new job isn't suitable, you should tell your employer during the trial period. This will not affect your employment rights, including your right to Statutory Redundancy Pay.
If you haven't given notice by the end of the trial period your right to Statutory Redundancy Pay ends.

If you refuse an offer


If your employer offers you suitable alternative employment and you unreasonably refuse it, you may lose your right to Statutory Redundancy Pay.
Disputes about whether employment is suitable or whether your refusal is unreasonable, can be decided by an Employment Tribunal. They can decide whether you are entitled to redundancy pay."


OP doesn't get to decide if it is suitable just because she doesn't fancy it. see link for guidance.

daisyf_2

Well I end my 90 consultation next week and will see I can refuse the suitable alternative post they are going to offer me....#

geordiepip

Hi Daisyf,

on what grounds are you refusing the offer?

geordiepip

Hi Daisyf,

What happened with your meeting? Did you reject their offer? On what grounds did you reject it?

geordiepip

Man - this stress is really getting to me now!

I've been told today that our union (Unison) had requested an emergency meeting with the business as they stated the offer on the table wasnt 'reasonable or suitable' apparently after seeking legal advice.

The business had until today to respond - and they declined to attend the meeting.

Rumour has it that we will get a letter in 2 weeks which will either have an offer of redundancy or telling us we have go back on the phones.

It is making me sick at the thought of being told to go on the phones and trying to meet targets which are practically impossible to achieve!

Any thoughts on which way you think this is gonna go????????

Emmzi

are your union prepared to take your case to ET?

Can you request the new role on a trial basis to assess suitability with a proper review date?

geordiepip

I havent spoken to my union rep so dont know. I spoke to a colleague in another site who said their rep told them that the union would raise a grievance on our behalf if the letter is going on the phones as opposed to redundancy.

Surely if i accept the role on a 'trial' basis (with a view to then saying its not suitable), surely the business will just stick to their argument that it is suitable and say the only route for me to take would be resignation, thus forgoing any possibility of redundancy?

Emmzi

see post 24 above, do check out that link