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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Hi. I am currently at risk of redundancy as my business has

Resolved Question:

Hi. I am currently at risk of redundancy as my business has reorganised. My current role no longer exists & there are no suitable roles at similar levels. There is however the option of going for a new role which is a promotion & higher grade etc. My question is, if i go for the promotion & get an offer, but decline it, am i still entitled to the redundancy. I am currently half way through the 90 day consultation period & during that time i have received alternative job offers, so fortunately i have some options, leaving with redundancy is probably an ideal position for me now.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Has the employer stated that this is a suitable alternative to redundancy?

Customer:

In my notice of redundancy letter it states there are no suitable alternative roles. We discussed this prior to notice.

taratill :

Hi the employer can only avoid making a redundancy payment if you refuse a 'suitable alternative ' role. If you do not apply for an alternative role this will not affect your redudnancy pay and the employer should still pay it. As the employer has stated that there are no suitable alternative roles there should be no dispute that you are entitled to redundancy pay.

taratill :

If you have any further questions please do ask. If i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Thats great. My understanding is this promotion is not an alternative position as its a new role. Given my reason for declining, should i state i have found a new job or decline with other reasons?

taratill :

I would just say you do not want to take the role and would rather take the redudnancy and take the time to consider your options.

Customer:

Thanks & g

Customer:

Sorry. Final Q. What stops the employer creating a suitable alternative role now, even though the whole reason theyve put me at risk is because there isnt one.i have a concern that if i decline the promotion to avoid paying me off they may create a suitable role (which doesnt exist now)

taratill :

Hi a suitable alternative would be at a similar status and salary. A promotion that you need to be interviewed for does not amount to a suitable alternative as you need to be 'offered' the role not the chance to apply for it.

Customer:

Ok....so is there a risk as i am half way through my consultation period the employer could create a suitable alternative?

taratill :

Potentially but as they have stated that there are no suitable alternatives from the outset I would say that this would be extremely unlikely to happen.

Customer:

Okay thats been a great help.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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