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 were you offerd a trial period in the consultation meting in your role in the new location please
I follow when you ask about a 'trial' period.
i dont* follow
What trial period would this be? Surely I would be given the option of whether to transfer over or not?
sorry yes but was a option give to take the role on a trial of 3 months to see if this would work for you with the option of redundancy after the trial period.
So far this hasn't been mentioned. For me, the added cost of travel has made the situation financially unmanageable which would be my argument as to why I should be entitled to redundancy
The only 'spanner' in the works is that the company's decision to re-locate was not their own. The lease on our property expired and is being turned into residential properties, hence the relocation and subsequent splitting has been forced.
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
Thanks for your patience. Whilst the employer’s move to look at potential recruits may be an indication that they have pre-empted your refusal to transfer, that is not necessarily the case. The employer could simply be looking at ‘insurance’ options if you had decided not to relocate and may be covering themselves in looking at potential replacements at an early stage. However, there is no guarantee that they will keep these on if you decided to stay because it would be much easier to cancel the contract of someone who has not yet started or who has minimal service than someone who has been there for a number of years so it is still possible that if you decide to remain in the job that these potential replacements never materialise.
Regardless of what the employer is doing you still have the right to continue with the consultation and if you believe that the new job is something which you may wish to explore you also have the right to a statutory trial period in it. This period is 4 weeks, during which you can try it out and see if it is suitable for you. If during or at the end of this period you do not believe the role is suitable, for example due to the new location and increased commuting distance, you can reject it and still be entitled to your redundancy payment. SO if the employer has not yet raised this option with you, then it may be something you could perhaps discuss at the next consultation meeting, assuming you are willing to try it before making a decision.
Hope this clarifies your position? If you could please let me know that would be great, thank you
yes, the key is whether the new position is considered a suitable alternative. 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. If the new location makes the commute unreasonably long or financially difficult then it can easily make the position unsuitable in which case you can reject it and opt for redundancy
Perfect. Thanks for your advice on this.