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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46196
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good Morning I have worked company 4 years

Customer Question

Good Morning
I have worked company 4 years on a full time permanent contract. In December my contract was moved to another part of the group (same directors and service/holidays were carried over etc. I am cross charged over to the original company i worked days per week. I have been informed that the role i was undertaking is being moved to our London office, which I was asked to do. Due to personal circumstances (ie a 4 hour travel time per day) I have declined this role and have been informed that my 2 day role will cease reducing my contract to 24 hours per week.. Can you advise what notice period the company or myself should give as I believe this is an unreasonable request. Have they made me redundant as my current role is no longer available or have i made myself redundant?
Many thanks help.
Julie
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me has the company offered you a redundancy package

JACUSTOMER-klvfz73s- :

No they have not.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.


JACUSTOMER-klvfz73s- :

Many thanks Ben.

Ben Jones :

Many thanks patience. What you could argue in the circumstances is that you had two distinct jobs, which were undertaken on two separate employment contracts. This could be the case even if you did not actually have two separate written contracts in place. So if one of these jobs is moving locations, it would amount to a 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 from that job 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.

In this case the employer could offer you the new job in London as SAE. However, you could reject it by arguing that it is unsuitable due to the increased travel times and distance, In these circumstances you will say that you have reasonably refused to take up the new role and are being made redundant from it.

In terms of what you should expect from redundancy, you will be able to argue 3 week notice period because your continuous employment with the company is 3 years and you get a week full year. The redundancy pay can be calculated here: https://www.gov.uk/calculate-your-redundancy-pay. You would only be using the wages part of the job when you use the calculator.

Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-klvfz73s- :

Ben

JACUSTOMER-klvfz73s- :

Thank you reply, it does make sense, however I have been told that the agreement between my old company and the new one is coming to an end (when the role is moved to London) and this is the crux of the problem. However, they will be employing a new staff member in London to carry out my role.

JACUSTOMER-klvfz73s- :

I am just a little confused as to where I stand because of the split contract thing. When my contract was moved over it did state that i would be working original company days per week. If you could clarify this point I would be grateful. Many thanks Julie

Ben Jones :

Julie, the situation would not change from my initial response above - you can be made redundant from the separate agreement, which was the 2 days you worked old company, and unless the employer finds you other suitable employment to compensate , you could end up just working on the remainder of the contract, which is I presume 3 days with the current employer. So you can either accept that and continue on the reduced hours, or if you found another full time job you can resign from this position - you would not be made redundant from it though so cannot expect a redundancy payment , although you should still receive one 2 day job, based on the pay you received from it

Ben Jones :

Hope this answers query?

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46196
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Many rhanks help and clarification? Kind regards Julie

Expert:  Ben Jones replied 2 years ago.
you are welcome, all the best

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