Do I have to accept 'alternative position'?

EconomicsGirl

In the ACAS booklet there was a link to above it says it up to the employee to decide whats suitable. However if you turn down a job was suitable you can't get redundancy.

I did wonder have you got children or dependents as this makes a difference. Like my work can force people without dependents to another location but the union say they cannot force me as I have 2 children. You could maybe argue the change in hours makes it unsuitable for you as you have children to look after / pick up from school/nursery etc. Then they would have to give you redundancy pay or the hours you want.

I would try and work out what your preference would be - would you prefer to get redundancy or would you prefer to get your terms and conditions back? I'ld check with the union/ACAS as to what rights you have then argue it with your employer politely but firmly. Hope you get it sorted.

ohreally

Section 141 of the Employment Rights Act 1996 governs the rules on suitable alternative offers of employment in relation to redundancies

Work would normally be regarded as unsuitable if it meant changes in: Pay;Travelling time; Skill requirements; Status


Netlawman. Redundancy and suitable alternative employment. Available: http://www.netlawman.co.uk/info/redundancy-alternative-employment.php.

Sloganjerry

Hi guys, it’s me again! Finally D Day has arrived and I desperately need your advice before I make my decision and act on it tomorrow. After days, weeks and months of deliberation over my situation at work I’ve finally decided that I cannot accept their offer of alternative employment as it is ‘unsuitable’ to me. As I’ve explained on here before (but for those who may not have read my posts) the new role is significantly less money, less status, includes unsocial hours (I’m a primary carer) and completely different duties from what I am doing now (I manage at present and this role does not involve management duties – more like office work!?). Most importantly to me is the fact that I do not have any ‘passion’ for the new role and it takes me backwards at least 5 years in my career. Anyway, I’ve just been on 2 weeks holiday and when I got back there was a letter on my mat saying I’d been offered the new role and that it starts on Monday (18th April). I just have to sign and return the contract enclosed. :eek:

As I don’t want the job I’ve drafted a letter outlining all the reasons why it is unsuitable and that I understand that my previous post is now redundant (it must be if the new role starts Monday, right?!) and therefore that I will now be dismissed by way of redundancy. Now what I want to know is do I go into work on Monday or not?! A friend of mine has suggested that if I go in it will be seen (or they could argue) that I’ve accepted the new role by turning up. I could ring in sick to be on the safe side. What do people think? I am due to speak to the union rep for the first time on Monday so may get more advice then but obviously won’t be till later in the day. Any advice as to what I should do guys?

Any advice much appreciated as always!:beer:

ceridwen

Well - if you are going to be able to speak to your Union Rep THAT soon (ie later on the Monday) - then perhaps it would be as well to be off work "sick:cool:" until you have spoken to him/her.

This is a situation that may be a bit "over the head" of an ordinary Union Rep on the shopfloor/office floor and you might need to consult a bit "higher up the pecking order" in the Union.

In your position - personally I would be off "sick" tomorrow, whilst I consulted my Union Rep and got legal opinion as to whether the new job would in law be considered "suitable alternative work".

As far as I know about this - a lower-paid job cannot be considered to be a "suitable alternative".

I would emphasise the change in pay first and foremost, then the change in conditions and not mention AT ALL that it would be a "step back" in your career. Pay and conditions are objectively provable and it can be seen by others exactly how well (or otherwise) they match your previous job.

EDIT: if you DO decide to go into work - then hand them that letter IMMEDIATELY and tell your supervisor what it contains at the time. Then ask "What duties do you want me to do now in view of the fact I do not accept the new position as a suitable alternative one?". Dont forget to keep a copy of the letter!

Emmzi

I personally would NOT go sick as if you get caught it may be out the door on gross misconduct with no payout for redundancy - way to help them save money!

I would explain that as the letter arrived when you were on hols you have not had a chance to catch up with union rep to run through implications and trust they will understand you need time to do this before starting as that gives implied acceptance of the role; you are not saying you will or won't take it just that you need ome further guidance from your rep.

daisyf_2

I have just been through this situation and I didnt take the alternative position and got redundancy

hcb42

going sick is definitely not the answer. Especially if you are on paid sick scheme

firesidemaid

just out of interest, what has happened to your old job/role? ie. who is doing that work now?

Sloganjerry

Thanks for all your responses people! :beer:
To answer last question - Basically my old job is gone. Noone is doing that work now. Why we're you asking by the way? Does it make any difference mate?

I'm still not sure as to what to do tomorrow though - but hope to ring ACAS first thing and get further advice. Don't want to go in and be seen to be accepting new position but don't want to fall fowl of any 'misconduct' either!_pale_

Thanks all - I'll let you know what happens!

firesidemaid

sorry, i have just re-read the thread and see that you've said the 'proposed' new role contains part of your old one plus other/extra duties.

only you know what your situation is ie. how much redundancy you will get, how long it will take you to find another job, whether you would be better off (if you could stick it) taking the new role until you found another job etc. (ie. you have pay protection for 6 months)

is there a pension tied to this job/company?

also (this may be a union/acas question), they said there could be some negotiation about pay, but what about the role itself, hours etc. do you think they would be willing to compromise?