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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44942
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work morrisons and was on Consultation, had 3 interviews,

Customer Question

I work for WM morrisons and was on Consultation, had 3 interviews, the first I was given details of the Redundancy Package and asked which position I would like to qpply for. I Stated that I would prefer not to be placed and my only preference was Redundancy. I was told that I would be job matched and had to apply for the position closest to my current role. Since no one else applied for my position I was offered my new role. It is very similar to my current role, however, ongoing I will be required to be trained to cover other roles with in this new combined process. I have been told that staff in other Branches have been given redundancy and I have been refused on the grounds that in my Branch there were more vacancies than staff to fill them at my level. Morrisons are all about "One Team" but not when it comes to who gets Redundancy, in this instance it is store specific.... Not sure if I stand a chance to have this job offer reversed and Redundancy offered. I submitted a Grievance Letter on 02.06.15 and after numerous requests have been informed today that I only have the right to appeal and to submit a detailed letter of my grounds tomorrow????? I dont want to waste time and effort if I have little chance of winning an appeal. Any advice would be appreciated, thanks Rita
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
20 yesrs
Expert:  Ben Jones replied 1 year ago.
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 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. So this is the main issue here – is the job suitable compared to what you did in the past. If it is similar, which you have confirmed it is, with the only addition of providing some training then the likelihood is that it would be suitable. Therefore if you unreasonably reject it you could potentially be treated as resigning and end up with no job and no redundancy. Unless the employer offers voluntary redundancies it is not for the employees to choose whether they accept redundancy or not – they would be expected to accept any SAE positions or they would be giving up the right to receive redundancy pay. The fact that other stores have had employees granted more redundancies does not necessarily change anything as this can be store specific. For example, an employer cannot necessarily be expected to treat all stores together and then move employees from one store to another to make up any shortfall in staff numbers if everyone was treated the same. This may be acceptable for local stores where a few could be bunched together but not in general. So the only real argument you could raise is if there were local stores to you that could have been considered together and that could have changed your position in terms of there being more employees that could have applied for this position, allowing you to leave. In any event, you have nothing to lose by appealing so do not necessarily give up on it at this stage. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response 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? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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