Offered suitable position during redundancy notice period?

Jones80

Hi,

If you have been given notice of redundancy, with a finish date that takes into account your notice period....

Are they able to offer you suitable employment in that notice time?

I'm struggling to understand if that is only allowed BEFORE the official letter of redundancy and starting to work your notice.

Or one day before your finish date, can they technically offer you a suitable position and you have to take it? (to not be resigning)

Thanks

no1catman

The employer has to inform the effected staff, that they are liable to be made redundant.
They may have vacancies as a result of their reorganisation - so many people will need to apply for the one or two positions available. With those allocated, the rest should be notified of any positions in the company at other locations.
For example, if a company is closing down a factory in one city, those there would be offered the opportunity of relocating to other company factories elsewhere in the country.
Once this process is complete - employees will be informed what their redundancy 'package' with PILON will be. After that, a letter of termination by redundancy - virtually saying pack up and don't come again.
Depending on length of service PILON could be four weeks, or twelve weeks.

getmore4less

An employer can withdraw redundancy right upto the termination date.

Unless you have issued legal counternotice.

Mrs_Optimist

What would happen if they offer you an alternative role but expect you to take a salary reduction? I'm thinking long term that if redundancy occurred again, the payout would be less? (I've tagged onto this thread as it relates to my position, including the original op)

sangie595

Mrs_Optimist wrote: »

What would happen if they offer you an alternative role but expect you to take a salary reduction? I'm thinking long term that if redundancy occurred again, the payout would be less? (I've tagged onto this thread as it relates to my position, including the original op)

Depends. Reductions in salary and terms have been accepted by tribunals as suitable alternatives for a long time now. It would certainly be very risky to try it if the employer intends to play hard ball. I have personally seen cuts of up to 10 - 12% accepted as fair, and one of my colleagues had a case that went to 14%.

If there is any degree of salary protection, it is almost certain that any reduction will be deemed fair.

BTW - don't go by anything in the post by no1catman - there are quite a few mistakes in there.

Scorpio33

Yes, they can offer a suitable alternative right up to the moment you leave and you have to take it.

The crux of the issue is that what counts as a suitable alternative? I would argue that any role on less salary is not a suitable alternative. It all depends on your personal circumstances too - some people may not be able to take a role due to the impact on say, childcare. Generally (good) employers won't force you to take a suitable alternative unless you want it.

getmore4less

Scorpio33 wrote: »

Yes, they can offer a suitable alternative right up to the moment you leave and you have to take it.

........

You can still leave on the original notice as that needs mutual agreement.

The suitable alternative just effects the right to a redundancy payment.

Scorpio33

getmore4less wrote: »

You can still leave on the original notice as that needs mutual agreement.

The suitable alternative just effects the right to a redundancy payment.

Sorry yes, if they offer a role which you both deem a suitable alternative and you refuse it, you would lose the redundancy and in effect have resigned.

Mrs_Optimist

I will have to see what I'm offered then. I'm not on Notice yet but have been told my role is redundant. They have intimated any role I'm offered will involve a pay reduction as it would be a more junior role which I'm not happy about, I'd rather take the redundancy to be honest.

If the role is classed as junior and necessitates a pay cut, I don't consider that a suitable alternative as it isn't like for like.

I've never been made redundant and have been in my current job for 23 years so this is all new to me.

sangie595

Unfortunately, like for like no longer works in law. If your employer is ok with you refusing, then that's ok. But if they refuse redundancy pay as a result and you have to go to a tribunal, then what you think and what they think may not be on the same page.

no1catman

Re: post No 5 - maybe, hard to say.
It was ten years ago when I went through redundancy. They, tried to get away with four weeks PILON, corrected them to twelve - which pleased a few of my colleagues with long service.
And, my Employment Law maybe a bit out of date regarding case history, and any new rulings, studied that about twenty years ago!