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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48743
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was due to be made redundant from my post last year - 2 weeks

Resolved Question:

I was due to be made redundant from my post last year - 2 weeks prior to my redundancy I was then offered Suitable alternative employment by my employee with 12 months protected pay - as this period is about to finish , I will be financially a lot worse off than previous - can I therefore take any action against my employer for loss of earning
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. If you knew that the protected pay would expire after 12 months why did you agree to take the job?

Customer:

this was the only option available to me as I was originally thinking I was being made redundant

Customer:

i was also advised by my union rep that this was suitable

Ben Jones :

It is unlikely you can claim anything now as a result of the protected pay period ending. When you were offered the option of alternative employment, you would have been given the terms of this job and it would have been up to you to make a decision on whether to take it on these terms, or reject it and opt for redundancy. As you knew the protected pay period only lasted for 12 months you cannot claim that this was hidden from you and you were misled. By accepting the position at the time you had agreed to the terms of the job, including the fact that the protected pay would end after 12 months. You cannot accept the job, knowing that fact, then once the protection ends to try and sue the employer for losses arising from that. If you were not happy with the offer and the limited protected period you get with it, you should have rejected it at the time. Having accepted it on these terms, you would have now lost any opportunity to challenge it unfortunately

Customer:

Many Thanks for your answer - the only question I would raise from that is there was no option of redundancy given - it was this post or nothing

Customer:

Thankyou - I was not given any option of redundancy at that time - this was the only option given to me

Ben Jones :

well when the employer gives you suitable employment when faced with a redundancy situation, you can still reject it if you do not believe it is suitable and opt for redundancy, so if you were told you have to take it and you cannot get redundancy then you would have had to resign at the time and claim constructive dismissal but waiting a year and working in the job would really have eroded your rights to claim now quite a bit

Customer:

Many thanks

Ben Jones :

You are most welcome, sorry it may not have been the news you were hoping for

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