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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47424
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a nurse of 34 years who after a long period of difficulties

Customer Question

I am a nurse of 34 years who after a long period of difficulties was placed in my current role in 2009 my last role resulted in a disciplinary and this role was specifically sourced for me .
i am now facing redeployment i am near to retirement 20 months away. The 14 jobs i have been offered by my trust all result in a considerable change tro my working patterns back to wards which i have been away from since 1990 .I do not feel any of the alternative roles match my skills and with my difficulties would result in considerable distress and stress .
My best alternative would be for redundancy .
I have seen occupational health and am due to see a psychologist tomorrow.
I was informed by HR that they believe i just need a longer settling in period , i feel they have no understanding of my disability which they seem to hold in contempt.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What would you like to know about this please?
Customer: replied 1 year ago.
do i have a right to redundancy if i turn down the jobs offered to me if i feel they do not match my present skills , do not take into condideration my disability , are not of the same hours ie shift work
Expert:  Ben Jones replied 1 year ago.
What is the nature of your disability which prevents you from working in these positions?
Customer: replied 1 year ago.
Dyslexia which i feel HR have no understanding off and treating with contempt
Customer: replied 1 year ago.
I cannot phone as i am at work
Expert:  Ben Jones replied 1 year ago.
What has happened to your current job which has prompted the redeployment?
Customer: replied 1 year ago.
we where commissioned by the council to provide public health this contract has finished due to lack of funding but are employment is with the northumbria trust
Expert:  Ben Jones replied 1 year ago.
OK, thanks you. If there is a redundancy situation, which this appears to be one, 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. This could be done via redeployment like in your case. 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 the main issue is what makes an offer suitable and when can an employee reasonably refuse it. The most common factors that would make an offer unsuitable are:· Job content/status – drop in status, substantial changes in duties, etc.· Pay and other benefits – significant drop in earnings/benefits (e.g. basic pay, bonuses, overtime, sick pay, holidays)· Working hours – change in shift pattern, removal of overtime, extension/reduction of working hours· Change of workplace – new location making it unreasonable to travel to the new place of work· Job prospects – going from permanent to temporary work, becoming self-employed or being employed on a fixed-term contract. Where an offer of alternative employment has been made and its terms and conditions are different to the employee's current terms, they have the right to a 4-week trial period. If during the trial period they decide that the job is not suitable they should tell their employer straight away. This will not affect their employment rights, including the right to receive statutory redundancy pay. So it is important to consider whether any offer that has been made is suitable or if there are reasonable grounds to treat it as unsuitable and safely reject it, opting for redundancy instead. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
would my disability severe dyslexia need to be taken into account when making job offers Ben . They have sent me to occupational health and to see a psychologist (who says she is not a dyslexia expert) . None of the jobs given to me neither i or my union rep seem to feel is suitrable but if i turn them down would i be making myself unemployed
Expert:  Ben Jones replied 1 year ago.
Hi, yes they should take your disability into account. However, it does not mean they have to crate a job specifically to suit your condition, but if they have something available and they do not offer it then it can be discriminatory. At the same time you would not be forced or expected to take something which is unsuitable but if nothing else is available it could eventually put you out of a job unfortunately
Customer: replied 1 year ago.
But would this then be a redundancy situation i have been successful in my current job Ben and it is the job being made redundant not myself
Expert:  Ben Jones replied 1 year ago.
If the jobs on offer are not suitable then yes you can push for redundancy as explained in my main answer above.

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