Suitable Alternative Employment (?) - resign and claim for redundancy

djy76

Hi,

I was part of a restructure consultation started 6 days from the end of from maternity leave. My role ceased and I was offered an alternative that I successfully argued was not suitable - loss of status, significant changes to role. I was then encouraged to consider a role that was made specifically for me in another part of my department, using my behavioural skills but not my technical ones. I am now approaching the end of the trial period and the role is not for me. I would like to resign and claim my redundancy pay. Can I do this? My company policy says that either the employer or employee can decide if the role is right for me. I broached this today to my boss was horrified and they have asked me to put my resignation in writing, are there any pitfalls to avoid?

To all the many experts out there and those who have been through it can you give me your thoughts?

Thanks,
DJ

smileylondongal

I would suggest calling ACAS - whilst not the same situation, they were amazingly helpful in my redundancy and can advise you on all of the pitfalls.
x

Emmzi

well don't write "i resign"

Something like

"Thank you for the trial period. Sadly it is not really working out because

*does not use my relevant skills A B and C*
*requires me to do these things I have no knowledge of X Y and Z*
*is not an appropriate grade or level of responsibiity because blah blah*

I would now like to further consider VR, and would appreciate if you could confirm in writing that this is now an option, and the terms and conditions including financial settlement.

djy76

Hello, Thanks for your views I will certainly explain why the job is not appropriate will speak to ACAS, it had not even occurred to me they may be able to help. DJ

Emmzi

Sometimes the ACAS phone is staffed by newbies.Come back and check what they said before you act on it Remember they essentially mediate, and don't fulfil a lawyer role.

Polly

Myself and colleagues have been through this 'trial period' situation earlier this year and two of them decided the job didn't suit and were able to take the VR package without any difficulty. Didn't even need to give reasons, just said the job was not what they thought it would be. I think the company were pleased it was only 2 (out of 30).

djy76

An update to my situation. I met with my manager's manager on Monday where she said she was shocked that I was not happy. We had an interesting discussion about her view that the job offered to me back at the end of Jan was suitable. She in fact said that it was essentially the same as my old role, despite the fact that I would not manage staff in the new role, instead of reporting into her (as Head of Dept) as I used to I would report into someone who reported into her. And the fact that I used to provide services to a region - three different areas was the same as providing services just to one area. Then she said my situation was not a redeployment - to which I asked if that's was the case could I go back to my old regional role. Unfortunately it no longer exists so I think there is no argument that it is redeployment. And our policy says we have three months from the beginning of the redeployment (which technically finally began in April) to decide if it is suitable for us as an employee, if not we can take redundancy.

Anyway after all that she said she would consider my views and get back to me next week.

The fun and games. By the way I work in HR!

DJ