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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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My position was made redundant from 10 Apr. I am currently

Resolved Question:

Hi
My position was made redundant from 10 Apr. I am currently on a four week trial period for a new position which is a project role (my previous one was permanenr) There is no end date given just that the project is expected to run for up to three years.
My questions are
if I decide that the new role is nor suitable what notice do I give? And what is deemed suitable reason?
am I then entitled to my original redundancy pay?
when I took the role I was not advised it was a trial period just that my terms and conditions would continue
The salary band for the new role is slightly more than I am currently earning should my salary be increased immediately or can this be delayed until the annual pay review?
Thanks
thank
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Can you tell me a bit more about the differences between the two roles? Are the salaries and status similar?
Customer: replied 2 years ago.

The status is similar both called a Level7 role

The salary I am on is approx 800 pound pa less than the bottom of the salary banding for the new role.

Thanks

Expert:  taratill replied 2 years ago.
So your salary will be the same or similar?
The answer to your question depends on whether the role is considered to be a 'suitable alternative' employment or not. A role that is a suitable alternative is on a similar salary or status and has a similar skill set. If the role is a 'suitable alternative' then if you reject it you will not be entitled to a redundancy payment at all.
If there are significant differences to the role then you are entitled to reject it within 28 days and still claim redundancy pay.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.

Hi

The role is similar but it is not a permanent role which offers me less security and may affect things like refinancing mortgage etc.

Would yhat be reason enough for me to reject it and be eligible for the redundancy pay?.

Expert:  taratill replied 2 years ago.
Hi it is likely that the fact that it is a temporary offer would mean it is not a suitable alternative particularly if you have fears that this would affect your ability to get a mortgage. In addition the fact that there is no definite end date leads to uncertainty. You can say that this is not suitable from your point of view.
If you then leave within 28 days of the trial and write to them saying this is the reason you should be paid redudnancy pay.
If they do not pay it you can bring a claim.
Customer: replied 2 years ago.

Thank you.

Just one more question. When I put my decision in writing is it effective immediately I.e I am not expected to work a notice period?.

Thanks

Expert:  taratill replied 2 years ago.
You would not be expected to work the entire contractual notice period. Normally you would say that the job would end at the end of the trial period. The employer would not probably object to the job ending immediately.
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