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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Hi My company advises that it is restructuring the business

Resolved Question:

Hi
My company advises that it is restructuring the business months after doing so following a merger. Under the merger I was advised that my job, Head of Procuremenh would be re-located in Dublin from London.
I have been in Dublin with my Head of Supply Chain Colleague for 8 months and I have now been advised that a further "streamlining" is going to take place and my job will be integrated into the supply chain role and my 3 staff who currently report to me will transfer to the supply chain. I have been offered redundancy - and the package is fair.
However my question is should the company have allowed both the incumbent Supply Chain head and myself to allow for what I see as a new role, the opportunity for both of us to apply? I have both Supply Chain & Procurement experience but the Head of Supply Chain has no Procurement experience.
Kind regards
Ian
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?

PS: I am mobile today so won't be able to respond immediately but I will get back to you later this afternoon, thank you

Customer: 2 years and 4months
Ben Jones :

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.


 


So the key is whether this job that would remain is something that is considered suitable for you to do. This would usually be down to the employer to decide but if you have the relevant experience and believe your skills match it then you can raise this with the employer and request that they consider offering it to you to meet their obligations under redundancy regulations. Just note that offering you a job does not mean you are guaranteed it, simply that you get the chance to apply for it, with the most suitable candidate still the one that may get the offer in the end.


 

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer: Thanks Ben
Customer: Thanks Ben .....I have meeting with HR on tuesday to discuss my package and will raise the question of why this combined role is being given to my colleague when I have the broader experience.
Customer: Thanks Ben....... I have a meeting on Tuesday with hr to discuss my package and leaving date. I will take the opportunity to ask why we were not both asked to apply for this combined role , and as I both have extensive supply chain and procurement where my colleague has no procurement experience. Depending on the reply I may come back to you if this is ok.?
Ben Jones :

yes of course you can get back to me if needed. In the meantime, please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. The question will not close and you can still get back to me if needed. Thanks

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