Do I have to accept 'alternative position'?

Sloganjerry

Yeah, thanks, appreciate what you're saying mate....but I expected to get 11 weeks PILON and 100% time off to look for another job.

Anyway, I've found info on the web that suggests I should be entitled to a statutory 2 days off per week to look for work or arrange further training?! This would make the bad taste in my mouth slightly more bearable!

isplumm

Sloganjerry wrote: »

Anyway, I've found info on the web that suggests I should be entitled to a statutory 2 days off per week to look for work or arrange further training?! This would make the bad taste in my mouth slightly more bearable!

Hmmm ... that would be interesting - are you sure - it is a long time since I worked for a company, but I thought it was something reasonable requests might be granted.

Have a look at http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029832

some numbers for you to call.

Found the page I was looking for http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029844

look at the piece about Time off for Job Hunting

Talks about reasonable - NOT 2 days a week.

Mark

isplumm

Hi,

Just read that piece again - the employer only has to pay you on 2/5 of a week for time off during your notice period.

So for example you decide to take 5 days - they only need to pay you for 2 days. If you took 10 days it would still be 2 days.

But of course you need agreement from them.

Mark

Sloganjerry

Have been thinking about this all day guys! I don’t understand how they can make me stay for another 11 weeks?! What I don’t understand is if the company just went through a restructure and the new infrastructure came into play May 1st my old role no longer exists. I haven’t accepted a role in this new structure. So what work am I actually going to be able to do over the next 11 weeks?!

I can’t see how they can ask me to do any of the new work as this involves duties that I’ve said I can’t do due to their unsuitability, for example – long distance travel, unsocial hours, HR duties, etc. And I can’t see how they can ask me to do my old work as my old role no longer exists? Or are they able to force me to do the new role/work for next 11 weeks even though I turned it down due to its unsuitability for me?!?! I’m very confused?

getmore4less

You are still under contract of employment.

Unless very specific there are probably tasks that would be acceptable.

Definately try your argument they might change their minds and put you on garden leave or give PILON.

New stuff might still fall under your existing contract in a limited way.

Worth resisting as much work as you can and focus on job hunting, using work phone/supplies.

Still having the work hours routine can be a benifit while the situation sinks in.

Sloganjerry

Thanks getmore4less. Good advice as always! I agree it would be good to use their facilities to job hunt - that would be a bit of justice!

I’m definitely going to put up a fight at my hearing and ask why I have been singled out for this ‘special’ treatment? I know why – because I wont fall into line, the boss has taken the situation personally rather than professionally and wants to make things as difficult as possible for me.

I'm thinking of bringing up the fact that I feel the whole restructure/ redundancy situation has been treated very unfairly and incompetently. A lot of the information I’ve been given along the way has turned out to be completely incorrect or misleading! For example, their making out in the beginning that I had to accept the alternative role (only from my enquiries on here and with ACAS/Union did I find out about my employment rights and the need for the job to be ‘suitable’, telling me I would not receive redundancy at the end of the 2 year fixed term job offered to me when actually I would’ve (I gave them this as the reason I turned it down – it has now gone to another employee), telling me for quite awhile now that I would only need to do a months notice at most (and now I find out its 11 weeks! – and that this is statutory!? So did they know this all along?) and other things I could bring up. Either they have acted very unfairly/slyly to try to swing things their way or they are completely ignorant of the law and therefore very incompetent; and I’m not sure which is worse?! I know another ex-employee made redundant is now taking them to tribunal for this reason.

getmore4less

Check your notice it may only be a month.

If you find a job there may be a way out earlier and still get the redundancy but you do loose any notice left.

look up counter notice there are a view threads here and elsewhere that explain how it work.

daisyf_2

I'm currently having to work 12 weeks notice!!! but you can get time off for courses and job search and interviews as well - got 7 left as someone else said think about the money xxx

also if you get another job do not tell them xxx as they may take your redundancy money away - just keep saying you are looking xxxx

Sloganjerry

Hi Guys!

I thought I would update you on the current situation at work. I had my hearing and insisted my union rep be present. So glad I had her present as she wiped the floor with my boss. So many things had been done incompetently and incorrectly. He was squirming in his seat with everything she was pointing out. He was also trying to maintain that I was opting for voluntary redundancy turning down a suitable role and letting down the company by opting to leave. He was put straight by the rep who pointed out that as the alternative roles have been unsuitable it was definitely a compulsory redundancy. This was important to me not only on principle but so I can access insurance and benefits that I’m entitled to. The boss did finally back down and also agreed to compromise on the notice period. I only have to do 6 weeks notice now. Thankfully!!!!

Hopefully I can just keep my head down now and hope my notice passes quickly. I think I might be working on the same notice timescale as you now daisyf?

For anyone in a similar position though I would highly recommend getting the union involved as it was definitely worth it for me! And I’d also like to say a big thank you to this forum and to all those who posted supporting and helpful posts that have got me through the past months to this point. Can’t wait to get that redundancy notice in my hand now!

Cheers Guys!:beer:

daisyf_2

fantastic news and glad it worked out okay - I've worked out I have just over 6 weeks but with holiday it is only about 19 days - counting them down... xxxx