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 worked there for?
So it is confirmed that this relocation is only for 2 years and there is no option to extend that further?
it was said in a meeting that the programme is currently 2 years, it could be extended as programmes are, but when this it is complete we will be either relocation or redundancy.
which goes against having a permanent contract?
ok thanks, ***** ***** get my response ready please
thanks will do
If there is a redundancy situation, such as in your position (a closure of a workplace amounts to a redundancy), 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. This is what the employer appears to be saying here, although you can try and argue it on the points below.
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, opting for redundancy instead. The employer could still try and argue that you have unreasonably refused their offer and cay you have resigned, refusing to pay you redundancy and in that case you will have to challenge them by taking the matter further by claiming in the employment tribunal.
Hope this clarifies your position? If you could please let me know that would be great, thank you