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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47371
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have worked alzheimers society I was

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I have worked for 16years for the alzheimers society I was on a 21 hour contract they made me redundant and I had to reapply for my job but they changed the contract hours to 15 to 30 hour contract I said I was unable to work the 30 hours as I also work as a nurse on 22 hour contract so they made me redundant because I could not do the new contract hours they say they will pay redundancy and 12 weeks pay which they would expect me to work 4 weeks but they want me to take my holiday entitlement to cover my notice have I got to do this and is my redundancy legal
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.
Please can you tell me if your employer was willing to negotiate the hours with you and whether the redundancy was optional?
Customer: replied 1 year ago.
no negotiation it was either agree to a 15 to 30 hour contract or be made redundant no option
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. 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.
in the interview I told them I was unable to work 15to 30 hrs and was told 2 days later I was unsuccessful in my interview and would be made redundant
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. When your original job was made redundant, the employer would have had a duty to offer you suitable alternative employment in order to try and keep you in a job, instead of making you redundant. This is when they offered you the new contract with the different hours. If you could not take this job because it was unsuitable then you will basically be made redundant, assuming there is nothing else available for you to do. You cannot be forced to take on an unsuitable role so the question then is whether this was unsuitable and if it was reasonably rejected by 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. In terms of the holidays, the employer has the right to force you to take all or some of your outstanding holidays as part of the notice period. All they have to do is give you adequate notice of this. Under law the required notice is at least twice as long as the holidays to be taken. So for example if they wanted you to take 10 days during your notice period they must tell you of this at least 20 days before you are due to take these days. As long as the notice has been satisfied, they can do this. This is your basic legal position. I have more detailed advice for you in terms of the law on suitable alternative positions and how to determine if an offer is unsuitable and you can reject it safely, 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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Expert:  Ben Jones replied 1 year ago.
Thank you. 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 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.

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