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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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I have been employed by my employer years, the last

Resolved Question:

I have been employed by my employer for 17 years, the last several of which as an incident reduction manager. We recently merged with another Service and that role no longer exists. Having originally been displaced and placed at risk of redundancy an appeal was made and I have been offered what my employer deems suitable alternative employment but at a lower grade and in a role which has less responsibility and scope than my previous one. Can I refuse this offer during or at the end of the 4 week trial period and ask for redundancy or will I forfeit any claim to redundancy payment. When this question was raised with our HR Dept it was basically said that if you don't accept the alternative employment you make yourself redundant without pay.
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is***** am a solicitor and I am happy to help you today. Are you saying the role you have been offered is not suitable to you as it has less responsibility and lower status than your original post? Is the pay the same?
Customer: replied 1 year ago.
No the pay grade is lower but they have offered pay protection for 3 years.
Customer: replied 1 year ago.
The post I have been offered has less than 50% content of my previous role, I don't know whether this affects any response.
Expert:  taratill replied 1 year ago.
Ok thanks, ***** ***** role is of a lower status and and has less responsibility then it does not amount to a suitable alternative employment. You are therefore entitled to reject the role either immediately or before the end of the trial period and you will still be able to claim redundancy pay. If the employer does not pay it you will have to contact ACAS and start early claim conciliation. If they still refuse to pay you can make a claim in the employment tribunal. I think it is likely that the HR person you spoke to is unaware of the correct legal position on this. 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.
Expert:  taratill replied 1 year ago.
Hello Jackie, is there anything further you would like to know about this?
Customer: replied 1 year ago.
Thank you for your response. When they offered me the alternative post the letter said it would be from the 1/4/2016 however at a meeting last week they said that we are to carry on doing our old role until things are sorted out and the new role and trial period would probably start in May. Are they able to do this?
Expert:  taratill replied 1 year ago.
Yes they can so long as it is clear to you when the old role is made redundant and the trial period in the new role begins.
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Customer: replied 1 year ago.
Ok, thank you for your assistance with this matter. Kind Regards Jackie
Expert:  taratill replied 1 year ago.
No problem, thanks for the rating and all the best with it.