Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long have you worked there and what would be the ideal outcome for you?
OK, thank you for your response; please leave it with me. I am travelling until late so I won't be able to reply until the morning. However, I will prepare my advice during this time and will get back to you at the earliest opportunity. There is no need to check on here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. 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.
Therefore, you need to consider if what you are being offered by the employer as an alternative to redundancy is suitable for you in the circumstances, or if you can reject it as being unsuitable and push for redundancy instead.
This is your basic legal position. I have more detailed advice for you in terms of the law on suitability and what factors can make an offer unsuitable, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
Thank you and no problem. In the meantime as promised I can quickly discuss the factors determining suitability. 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.
If you need further help in the future just post a new question for my attention and I will be happy to help. Thanks