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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47417
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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For Ben Jones Hi Ben, I have a follow up query regarding

Resolved Question:

For Ben Jones
Hi Ben,
I have a follow up query regarding the answer given for the question titled;
"Good Afternoon, My Husband has gone through a redundancy process" Not sure how I link them, but I am member of the site now.
Many thanks,
Claudine
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Do you have a specific question?

Customer:

H Ben,

Customer:

Hi Ben,

Customer:

I had a question yesterday about my husbands entitlement to revert to redundancy pay after notifying that a role is not suitable within the 4 week trial period.

Customer:

My follow up is regarding the conversation he has had this morning with his HR rep. She asked for the reason, he advised the pay and conditions and she asked what other reasons do you have and that she will have to get back to him.

Customer:

Given they have not followed the correct process in notifying him of the redundancy payment amount, provided him with the contract detailing the new role until the last week of his trial, can they decline his request?

Customer:

Hello?

Customer:

- sorry Ben, can you just confirm you have received the query? I have a problem with my laptop and am concerned you have not receive it.

Customer:

hello?

Ben Jones :

OK thank you, XXXXX XXXXX it with me. I am at tribunal today so may not be able to answer immediately but rest assured you will hear from me today. There is no need to wait here and you will receive an email when I have responded.

Customer:

ok great

Ben Jones :

Hello, sorry for the delay, just managed to get some free time at last. Do you mean can they decline his request for not accepting the role he was trialling?

Customer:

sort of.

Customer:

he has trialled the role, and has advised that it is not suitable based on status, money and task. Can they disagree and insist the role was suitable and as such not pay him his redundancy.

Customer:

thank you in advance

Customer:

the trial has not ended yet

Ben Jones :

well the risk of this happening always exists - basically an employer could always disagree with the employee about the suitability of the role and refuse to pay them redundancy, arguing they had unreasonably refused to take up the role. This could happen even in the most obvious cases of a job being unsuitable. What would happen then is that it would be for the employee to challenge this decision and make a case for redundancy pay in the employment tribunal

Customer:

ok - thank you for this.

Customer:

have a great evening

Ben Jones :

certainly will, you too, all the best for now

Ben Jones and other Employment Law Specialists are ready to help you

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