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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been employed years and due to structural

Customer Question

Hi, I have been employed for 16 years and due to structural changes my role has changed at the end of last and line manager has changed twice since. When my role changed there was no formal consultation process and my role within the business was not enforced amongst my peers. My line manager actually said to my peers that he didn't understand the role and did not think it was going to be big enough for me. After conversations with HR it was agreed that I was entitled to a trial period with is due to expire today, this was submitted in writing and there was meant to be a review of the progress. I have had little contact with my line manager and have chased him regularly. There have been many other things said and done which do not sit well and have kept a record of these. There are rumours within the business form a senior manager level that I am leaving, nobody has officially arranged a review with me despite me trying to contact me line manager. Where do I stand? What are my next steps?
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.
Expert:  Ben Jones replied 1 year ago.
Do you have a contract?
Customer: replied 1 year ago.
Yes I have a contract but not on me. What do you need to know.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. If you let me know what your employment terms are, I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 1 year ago.
Sorry. Didn't know how else to respond. I am on a 3 month notice period contract and have a letter off the company confirming my position and a trial period ends today With a potential option of redundancy. With the way I have been treated and the culture change here I no longer want to be part of this organisation however have not got a job to go. In the very recent past they have issued compromise ageements which are enhanced and was wondering where I stand legally and if I am entitled to one based on no formal consultation during job change and no review with my line manager.
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. It appears that your position was made redundant and you were offered what the employer believes may have been suitable alternative employment on a trial period.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.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 you need to consider whether the position you have trialled is suitable or if you would prefer to reject it and opt for redundancy instead.This is your basic legal position. I have more detailed advice for you in terms of the law on altenative roles and how to determine if something is suitable, 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
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Customer: replied 1 year ago.
I do have a letter stating 3 month trial which has just been extended to the end of may. Do I have any grounds to request a compromise agreement which can be enhanced based on the fact I had no consultation when my job changed, I have had no review as detailed in my letter and my line manager has avoided all contact. If so how would I structure this?
Expert:  Ben Jones replied 1 year ago.
Thank you. It is certainly possible to request an enhanced settlement but you have to remember that they are only issued with the employer’s consent. Basically you are able to ask for one and ask them to consider it, but it will only be agreed if they want to, there is no legal obligation on them to agree to it or even consider it. To have the best chance of having it agreed you should raise it with the employer, make it clear that you believe the procedures so far have been followed unfairly. The lack of consultation when facing changes to contract can make the procedure unfair and unreasonable, the fact you have been ignored by the employer does not help this either. It is basically an attempt to make it clear that what they have done is unfair and that you will consider walking away with a reasonable settlement, otherwise you may have to go down the tribunal route to pursue this.