Employment Lawyers Can Answer Your Employment Law Questions
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?
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?
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:
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.
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?
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'
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
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