Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me did your original role cease to operate and what alternative were you given if you did not accept the role offered.
Yes, my original role ceased to exist.
Hello one more question are you employed under UK law.
I didn't feel there was an alternative. I was told 'this was my home role' even though I had no previous experience
yes under UK law
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you
Ok, thank you
Many thanks for your patience. It would unfortunately be too late to revisit the redundancy situation which you faced two years ago. If you disagreed with what happened at the time, then that should have been challenged there and then, or within a reasonable period thereafter, but two years is way too long to challenge it now. At the time you could have argued that the role you were offered was not a suitable alternative position, which would have entitled you to reject it and ask for redundancy (regardless of whether the employer offered voluntary redundancies or not). However, by taking the role up and remaining in it for the past 2 years you have basically accepted it and have indicated to the employer that you are happy to continue in it.
Whilst the employer may have told you there was no other alternative you did have rights to reject it if you did not believe it was suitable but that would have been for you to determine and to obtain legal advice on at the time, if you just accepted it then you have now removed any rights you may have had at the time.
Your only options now are twofold:
Hope this clarifies your position? If you could please let me know that would be great, thank you
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