Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you been employed by this company for?
Sorry - I couldn't reply initially.9 years
Was there any guarantee that you would return to your original role at the end of the secondment?
There was a guarantee that my contracted role would be available to me should I wish to return to it at the end of the secondment.
ok thanks let me get my response ready please
I have also been told that even if my original contracted role had changed, then I would be offered a "reasonable alternative" - but I have no idea as to what factors would be measured in determining a "reasonable alternative" and how I would go about arguing that the role has changed so significantly it no longer resembles my contracted role...
If a job no longer exists and the employer no longer needs employees doing a particular jobs, or simply has a reduced need for employees doing nit, then that could amount to a potential redundancy situation.
If there is a redundancy situation, an employer has a duty to offer those employees at risk any suitable alternative employment (“SAE”) that may exist at the time. The objective is to keep the employee in a job rather than make them redundant. Therefore, if an employee accepts an offer of SAE, their employment will continue in the new position and they would lose their entitlement to a redundancy payment.
If the offer is considered unsuitable and the employee refuses it, they will be made redundant and still receive redundancy pay. However, if the offer was suitable and the employee unreasonably refuses it, they would effectively be resigning and will lose their entitlement to redundancy pay.
So the main issue is what makes an offer suitable and when can an employee reasonably refuse it. The most common factors that would make an offer unsuitable are:
Where an offer of alternative employment has been made and its terms and conditions are different to the employee's current terms, they have the right to a 4-week trial period. If during the trial period they decide that the job is not suitable they should tell their employer straight away. This will not affect their employment rights, including the right to receive statutory redundancy pay.
So it is important to consider whether any offer that has been made is suitable or if there are reasonable grounds to treat it as unsuitable and safely reject it, trying to go for redundancy instead. The issue is that you cannot force the employer to make you redundant so if they refuse and you believe that the offer is not suitable, you can raise a grievance first, but after that the only option is to resign and make a claim for constructive dismissal.
you can also ignore the timer
OK - many thanks.
you are welcome, all the best