Do I have to accept 'alternative position'?

Sloganjerry

Well, I’m actually in work - and a bit calmer now! I did ring ACAS this morning and they advised that I came into work and voiced my rejection of the new role - which is what I’ve done. I was so nervous walking into the office but as it turned out my manager is out of the office today so any big confrontation with him was avoided. Phew!!! So I spoke with our HR officer who was very good and listened to all my reasons why the new role is unsuitable and seemed to understand why I couldn’t accept it. He did try to get me to agree to the 4 week trial but as I said, a trial won’t change the pay, the grading or the unsocial hours so I can’t see the point of a trial. He has informed me that there may be another role which might be suitable and of course I am happy to consider it. Other than that I asked if I just continue with my old role as usual and he said, yes continue as normal, but to be mindful that the new structure was officially in place (wasn’t sure what this meant really?). Anyway, just to be on the safe side I’ve emailed my rejection of the new role to my manager on the grounds of ‘unsuitability’ and the reasons for this and cc’ed HR officer in so there is a physical record of me refusing to start it and stating that I am continuing in my old role as far as I’m concerned. All I’ve been doing is checking email and chasing up loose ends. Luckily nothing related to the new role has been put my way so far and I will refuse to do it if it is. Have been waiting to speak to someone from Union but no-one has contacted me as of yet. I’ll keep you updated with how I get on. Cheers all! :beer:

23rdspiral

thanks for the updates on your situation. i'm interested to hear how it goes as work are trying to 'shoehorn' me into a role that is the same pay but less hours.... good luck with sorting it all out.

geordiepip

I'm also interested as my company are trying to force me into a redeployment role, however have frozen my pay etc. the only big differences are loss of status and completely different job content.

bunple

23rdspiral wrote: »

thanks for the updates on your situation. i'm interested to hear how it goes as work are trying to 'shoehorn' me into a role that is the same pay but less hours.... good luck with sorting it all out.

...I wish my company would give me same pay but less hours.

orangesmartie

Good luck,let us know how it goes. I was told on Monday that they same thing is going to happen to me.

daisyf_2

Dont give up guys - I managed to not accept the alternative position!!! just get your facts very clear and say what you require and do your homework.. I felt like I was doing a game of poker but it worked xx

Sloganjerry

Just to update you all on how the situation at work is progressing since my last post. As I said in my earlier post, I did manage to avoid my boss for a short time but of course I couldn’t avoid him forever (if only). When he did come into the office he made it clear that he was not happy about my decision. He kept going on as though I was choosing to leave but as I tried to point out – I had not chosen for my role to be made redundant or for the new post to include unsocial hours or for it to be lower paid??!!! Anyway, he eventually accepted my reasons why the alternative role offered to me was indeed unsuitable and so I suggested that we now move forward to the redundancy hearing. However, it seems my boss has other ideas and may be hoping to avoid paying me redundancy, as I’ve now been offered another job! I’ve been asked to go away and consider it and to let them know my decision as soon as possible. Of course I have agreed to give it due consideration but unfortunately this position does not seem anymore suitable than the last. The main issue with it is that its only a 2 year contract and I’ve been told by HR that I would not be eligible for any redundancy at the end of the contract as I take on the role with the understanding that it is fixed term. I worry that it would be that much harder to lose my job and look for a new one in 2 years time without the financial buffer that the redundancy money affords me if I leave now. So of course I want to reject this role and get my redundancy and go, NOW! This is proving easier said than done as I’ve been advised by the union not to give them a decision as of yet?! Obviously I am conscious of the fact that if I turn down a ‘suitable’ alternative offer of employment I will not be paid any redundancy monies and so I must tread carefully and be seen to be ‘playing the game’. It is as daisyf said, like playing a game of poker!

Will report back on the next instalment soon!!!

daisyf_2

Keep the union informed and dont go into anymore meetings without a union rep...... I managed with my game of poker and keep us updated and thoughts are with you. If it is only a two year contract can you turn that down for that reason???

isplumm

Sloganjerry wrote: »

Just to update you all on how the situation at work is progressing since my last post. The main issue with it is that its only a 2 year contract and I’ve been told by HR that I would not be eligible for any redundancy at the end of the contract as I take on the role with the understanding that it is fixed term. I worry that it would be that much harder to lose my job and look for a new one in 2 years time without the financial buffer that the redundancy money affords me if I leave now.
Will report back on the next instalment soon!!!

Hi,

I think you either need to speak to ACAS or a lawyer or the union official ... I would check whether want HR are saying is correct - after all it is continous employment?

Mark

getmore4less

Sloganjerry wrote: »

Just to update you all on how the situation at work is progressing since my last post. As I said in my earlier post, I did manage to avoid my boss for a short time but of course I couldn’t avoid him forever (if only). When he did come into the office he made it clear that he was not happy about my decision. He kept going on as though I was choosing to leave but as I tried to point out – I had not chosen for my role to be made redundant or for the new post to include unsocial hours or for it to be lower paid??!!! Anyway, he eventually accepted my reasons why the alternative role offered to me was indeed unsuitable and so I suggested that we now move forward to the redundancy hearing. However, it seems my boss has other ideas and may be hoping to avoid paying me redundancy, as I’ve now been offered another job! I’ve been asked to go away and consider it and to let them know my decision as soon as possible. Of course I have agreed to give it due consideration but unfortunately this position does not seem anymore suitable than the last. The main issue with it is that its only a 2 year contract and I’ve been told by HR that I would not be eligible for any redundancy at the end of the contract as I take on the role with the understanding that it is fixed term. I worry that it would be that much harder to lose my job and look for a new one in 2 years time without the financial buffer that the redundancy money affords me if I leave now. So of course I want to reject this role and get my redundancy and go, NOW! This is proving easier said than done as I’ve been advised by the union not to give them a decision as of yet?! Obviously I am conscious of the fact that if I turn down a ‘suitable’ alternative offer of employment I will not be paid any redundancy monies and so I must tread carefully and be seen to be ‘playing the game’. It is as daisyf said, like playing a game of poker!

Will report back on the next instalment soon!!!

I would point out to HR that that that is not correct they need to have another look at the employement act 1996 with amendments(2002) or take legal advice.

You could point out to the bosses that HR don't know what they are doing so they better be carefull, not telling them what mistake they have made.

Think about telling them you have taken legal advice(read the act, that quailifies)

Continutiy of service applies across fixed term contracts.

Worth a read

http://www.legislation.gov.uk/ukpga/1996/18/contents

this is the relevent bit if you don't want to read it all

http://www.legislation.gov.uk/ukpga/1996/18/section/136