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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47340
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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the company i work for is being transferred and will now move

Resolved Question:

the company i work for is being transferred and will now move premises, i am currently on 12 months mat leave and I'm due to return in september. They are making a couple of admin staff redundant, but are taking me back in an alternative role, ie production instead of graphic designer, but to be honest i would much rather they'd made me redundant too. Is there any way I can suggest this and see if it's an option?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How similar is the new position to your old one?

Customer:

hello, it's very similar, it's not that I have a huge problem with the alteration in roll, but the geographical move, although slight will make it difficult for me to get to work on time with two children to drop off. I don't if they're only keeping me on because if they make me redundant they can't then replace me, even if they may actually like too, I would like to make it know that I would take redundancy if it were and option, but I don't know if I can say this to them?

Ben Jones :

You can certainly raise the issue with them and you have little to lose by doing so. Whilst you can make a direct request for them to consider this, if they are reluctant to do so, then you can actually take this further by arguing that the new job does not amount to a suitable alternative position and as such you could actually refuse it and opt for redundancy instead.

The most common factors that would make an offer unsuitable are:



  • Job content/status – drop in status, substantial changes in duties, etc.

  • Pay and other benefits – significant drop in earnings/benefits (e.g. basic pay, bonuses, overtime, sick pay, holidays)

  • Working hours – change in shift pattern, removal of overtime, extension/reduction of working hours

  • Change of workplace – new location making it unreasonable to travel to the new place of work

  • Job prospects – going from permanent to temporary work, becoming self-employed or being employed on a fixed-term contract.


I know only one or two of the above would apply to you but that could still be sufficient. The issue is that you cannot force the employer to make you redundant and if they refuse to and you do not want to move into the new position, all you can do is resign and make a claim for constructive dismissal against them. But as mentioned, you have little to lose by simply approaching them and raising the matter with them, hoping to negotiate something.

Customer:

to use change of workplace as a reason, does it have to be a certain distance change? Also if I have been away on mat leave for 12 months, they only have to offer me something similar don't they?

Ben Jones :

no it does not but it would depend on how it affects the employee based on their personal circumstances. For example it could be just a few miles but the transport links could be much worse and make the journey unreasonable. And you are correct that they only have to offer you something similar but the requirement is also that the job must be one which is both 'suitable for you and appropriate for you to do in the circumstances'

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

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