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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45364
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been at my company 5 years and was recently

Customer Question

Hi, I have been at my company 5 years and was recently offered a redundancy for my current role or take on another role.
I accepted the new role on 21st March 2016, but then decided it wasn't working out and resigned from the role on the 14th April 2016.
My question is can I still receive my redundancy payment and can I also leave with my redundancy status intact?
I have heard of job trials which you can take in these circustances to ensure this, but was never offered it.
Thanks in advance, Rishi
Submitted: 9 months ago.
Category: Employment Law
Customer: replied 9 months ago.
Just to add I was on a permanent full-time role for both roles, thanks
Expert:  Ben Jones replied 9 months ago.
Hello why do you consider the job unsuitable?
Customer: replied 9 months ago.
Hi Ben, its a different role to the original one I applied to do 5 years ago, although I hoped to adapt to the new role and enjoy, I haven't, also their isn't much scope within the company to 'rise up the ranks' as it where. Can you advise if I have any legal favour in this scenario to keep my redundancy payment and status once I leave? Thanks
Expert:  Ben Jones replied 9 months ago.
Hello, sorry I was offline by the time you had replied last night. Employment legislation states that if the capacity in which the employee is employed, and the other terms and conditions of his employment, differ (wholly or in part) from the corresponding terms of the employee's previous employment, the alternative employment should be offered subject to a statutory four-week trial period. There is also case law which states that the statutory trial period takes effect automatically, meaning that it is not necessary for the employer to have specifically mentioned it or made the new job subject to the trial. Therefore, if you reasonable reject the new role within his 4 week trial period you can still be entitled to your redundancy and will not be seen as having resigned from the position but will still be considered as being made redundant. This is your basic legal position. I have more detailed advice for you in terms of the law on suitability of alternative employment and how to determine if you are reasonably rejecting the new job, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45364
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 9 months ago.
Hi Ben, please provide further info as you have advised, thanks
Expert:  Ben Jones replied 9 months ago.
Thank you. 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.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.
Customer: replied 9 months ago.
Thanks for your reply Ben, i would fall in the job role change category. Can you supply a link to this legislation you have quoted please?
Expert:  Ben Jones replied 9 months ago.
Hello, the legislation dealing with this is s 138 of the Employment Rights Act 1996: http://www.legislation.gov.uk/ukpga/1996/18/section/138 The suitability of roles and the factors I discussed are not dealt with under legislation this is common law

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