Suiteble alternative position??????

dareknuneaton

Hi, I would like to ask about suiteble alternative job, basicly my employer offer me alternative job however I am thinking it is not suiteble because I am working as a level 2 technician of repairing mobile phones and they offer me level 1 so for me it is drop of status and salary and I just worry that if i will not accept it then I will not get my redundancy pay. Do You think it is a good reason to refuse it? Thanks


P.S
I have had my consultation today and They have told me that there is not much different betwen level 1 and 2 that why if I will refuse to take new role They will not pay my redundancy pay. Are they right? Thanks for any help

Another_not_new_user

It isn't a matter of whether they are "right" or not. The employer has told you a fact - refuse the job and you will not be paid redundancy pay. If you think that decision is wrong, then you must make a claim to an employment tribunal, but first you will have to undergo pre-claim conciliation. They may change their minds. If they don't you will probably have to pay for a tribunal claim. And you may lose if they are right and the difference in pay is not much - tribunals have been accepting cuts in pay as suitable alternatives for a long time now, given that the other "alternative" is unemployment. You can no longer expect a reduction in pay or duties to be sufficient cause to turn down a job, so you have to decide whether you are willing to take the risk that you will walk away with nothing if you do. Because there is no other way of forcing them to pay.

getmore4less

They say it is suitable you think not so you have to make the case.

I do not accept that the job is suitable alternative because......

from what you have said most of the job is the same key things like location,hours,holiday, status is a bit weak on its own

the main one will ne pay so how different is it?

they can make this less significant with a protected pay package.

ET are known to accept reduced pay as suitable if it avoids redundancies.

getmore4less

Identify the differences so you don't end doing level 2 for level 1 pay

have the done the rest correctly, pooling people consultation etc.

how long have you worked there?

ohreally

Importantly for employers, ‘from the employee’s point of view’ means employees would be able to refuse a reasonable offer on the grounds of his or her personal perception of the role on offer and as such, a refusal may be considered permissible even if others would not have thought his/her reasons were justified

Assessing the suitability of a role is highly subjective as it is the suitability of the role for the particular employee in question, rather than for a general collective or type of employee, which must be determined. This assessment must therefore consider the extent to which each aspect of the role/s on offer match the employee. This includes taking into account:

the tasks required to be undertaken as part of the role
the terms of employment including wages, holiday entitlement and working hours
the level of responsibility and status
location and commuting requirements

http://www.holmes-hills.co.uk/articles/for-you/right-to-refusal-redundancy-and-alternative-job-offers/

OP, this has been covered previously, try a search.