"at risk" and the "suitable alternative role" doesn't seem suitable

grimsalve

ET is Employment Tribunal I'm guessing?

I've told them a few times now that I think it's not a suitable job for me - I've no experience, no training, and no interest in doing it. I'm "techy" not "touchy/feely".

The only worthwhile thing I gained from the interview was finally coming to terms with the fact that my current job no longer exists

grimsalve

Quick update - I've got yet another consultation next week so I'm hoping it's going to be my final "you're hired/fired" meeting. I've found it really annoying that the whole team has been kept in the dark about this (and all the delays haven't helped either).

grimsalve

I had my consultation and they've offered me the sales job. I said I still didn't think it was a suitable alternative role but all HR said was if I don't accept the job then they will treat it as a resignation.

Not sure what to do now

If a mess up at this new job then can they just sack me for being rubbish? Or are they hoping I'll just get so cheesed off that I'll leave anyway?

sangie595

I suspect that you are now out of options - they have made their position clear. Technically you are entitled to a four week trial of the job, and if that doesn't work out then you still get your redundancy. But I think that is a moot entitlement since they seem likely to continue to say this is a suitable alternative. At that stage, either now, or then, your only choice would be an employment tribunal ruling on whether they are right or not - and that is an expensive and dicey strategy since you have no guarantee that the tribunal won't agree it is a suitable alternative.

But yes, unless you take that risk you are effectively agreeing to take the job and if you then "mess up" you can be dismissed with nothing.

So if you are going to take a stand on this not being a suitable alternative, really you have to do it now.

getmore4less

I think they still have to go through the redundacy process and termintate without payment due to not accepting a suitable alternative.

DO not resign

You could insist on a trial period.
Are any of the reasons it is not suitable due to the need for training thye could extend the trial period..

Until they terminate your current job you still have it.


read around a bit loads of example where you can get an idea of the what should happen next

http://www.personneltoday.com/hr/legal-qa-redundancy-and-redeployment-what-is-a-suitable-alternative-role/
http://www.burnetts.co.uk/publications/factsheets/when-is-suitable-alternative-employment-not-actually-suitable

sexki11en

You need to put into writing why you believe the role is not a suitable alternative employment. For starters, you shouldn't have been made to apply for a suitable alternative role anyway. If it's suitable alternative and you are at risk of redundancy you should just be slotted into the role (unless there are also others at risk who it would be considered a suitable alternative for) Suitable alternative also has no right to a trial period.

An alternative role would require an interview and subsequently be offered a trial period. An alternative role would also be something that is different from your current role (around 50% comparable to your current role), but which the company believe that with the right support and development, you could be successful at within a reasonable timescale (usually 3 months)

Suitable alternative is deemed to be a role at the same level with similar location, hours, skills and duties (we usually say 90% comparable with current role)

You can refuse an alternative role but not a suitable alternative role.

It looks to me like your company need to check their definitions of alternative and suitable alternative before proceeding any further. Is your documentation definitely stating SUITABLE alternative or just alternative, as you can see, there is a difference.

SK x

KayJay

Sexkillen, you might be confusing 'suitable alternative' with 'broadly similar' If a role is BS then you can be slotted into it with no requirement to apply, you in fact have no choice and to refuse is a resignation. Where SA applies, it can be a skills match so does not have to be similar at all to the job that is ending, but should include some skills you have had perhaps in the past. The hours do not have to be similar, but just acceptable to the employee. The salary should be similar. If the hours and salary are not - then the employee can state not suitable alternative employment.
I assume there's no Union membership? A union could challenge this for you. If you have technical qualifications for example; you could say that any role without those skills is not where you want to be in your career etc. Remember that the onus is on the employer in a redundancy situation to provide SAE and to make someone redundant without attempting to find them work could mean the Audit Commission comes down on them.
But don't resign. Oh and yes, you are entitled to a trial.
Basically get your Union involved.

getmore4less

There should never be a need to apply for a BS or SA job if the job is suitable for whatever reason then the company should just slot you in.
(BS is just a subset of SA)

If the company has multiple suitable alternatives and does not mind which one an employee takes it should offer up the choice(this is not the same as applying)

Companies that use the "you must apply" system are trying to bypass the suitable alternative(or BS if you want to distinguish) requirements with trial and people turning down jobs as not suitable, by applying you are accepting it is suitable so any refusal is unreasoanble and termination without payment is possible.

A company that wants you to a do a broadly similar role would not even need to go through the redundancy process as in most cases that sort of change would be covered in the contract anyway.


to make someone redundant without attempting to find them work could mean the Audit Commission comes down on them

Love to see any reference where that was ever the case.
It closed in March this year...

grimsalve

getmore4less wrote: »

http://www.personneltoday.com/hr/legal-qa-redundancy-and-redeployment-what-is-a-suitable-alternative-role/
http://www.burnetts.co.uk/publications/factsheets/when-is-suitable-alternative-employment-not-actually-suitable

Many thanks for the links, I'll have a good read through them.

I don't have a union