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no redundancy

Complicated,but simply, been with large company 18 years, now travelling a long way to work, have been given a job I probably may not be able to do, or if so, expected to work long hours, etc., I would have preferred to be made redundant, is this a way of getting out of giving me redundancy, ie they have offered me a job elsewhere in the company that is probably not suited to me.
Interested to know if anybody else has come up against this.
:mad:

Comments

  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    People aren't made redundant - jobs are. Is your current role disappearing, so they're offering you a new one?

    If so, then refusing the new job could be taken as a resignation (with absolutely no obligation to pay you anything in terms of redundancy) unless there is a very good reason for your refusal. I'm not sure that "I probably may not be able to do it" and "long hours" will be a good enough reason.

    It is an organisation's legal obligation to consider you for work elsewhere if your role is being redundant, which is what your company have done. You may have preferred the money, but they are doing what they are required to.

    KiKi
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • Jarndyce
    Jarndyce Posts: 1,281 Forumite
    The phrase 'people are not redundant, jobs are' is one often trotted out on here but which is actually at best meaningless and at worst inaccurate. The definition of redundancy is where there is a diminshing need for staff in a particular area. if that happens then there is a process to be followed which results in people being made redundant, if suitable alternative work cannot be found.

    If there is a significant increase in the travelling time and the hours of work offered compared to your previous role, then you may be able to argue that it is not a suitable alternative role and that you are in fact redundant.

    We would need to hear more detail, or you should speak to an employment lawyer face to face. How long have you been in the new role? You are entitled to treat the first four weeks as a trial period.
  • Margey
    Margey Posts: 181 Forumite
    Don't refuse the new job. Start looking for somewhere else as early as you can if you are not happy there. It is horrible being in a job that you don't want to be in. SPeak with your manager to find out why they are changing your job role, and explain to them what the problem is.
    Your btter off being in a job with money coming in rather than not having a job and no money.
  • an9i77
    an9i77 Posts: 1,460 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If you are offered a new job that is different to your existing role, then you are entitled to a four week trial period. If at the end of the trial period the role is unsuitable, you are still entitled to be made redundant. So I'd take the new role, ask about a trial period (they can't refuse to give you the trial period if the job is different) and then at the end of the trial period if your concerns are justified you are in theory entitled to be made redundant.
    They may try and wiggle out of it by saying the new job is not different, if you can give some more info on exactly what they have asked you to do and why it is different to your existing role, I can give a view.
  • Val75
    Val75 Posts: 35 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks all for help, now considering the future.
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