Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there?
I went to the doctor's today and got a sick note for all the stress I'm under, signed off for 2 weeks. Is this a legitimate way to stall things and will it prejudice me in any way?
OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
So we can't do live chat.. then I will be unable to ask you more questions about my situation and what to do to help...
Hi, yes we are able to do live chat, I am still available it just meant that I had to leave chat whilst I prepared my response.
ok have you an answer yet? It says you have,but nothing is loading on here...
Yes just coming up, I was waiting for you to get back in chat
When it comes to offering someone redundancy or alternative employment there are certain specific procedures the employer should follow. First of all if you are at risk of redundancy the employer has a duty to consult with you. This would involve either collective consultation or individual consultation, depending on how many people are being made redundant. If 20+ employees are facing redundancy then your employer would have a duty to consult collectively and this process should start at least 30 days before the first dismissal takes place. If less than 20 employees are being made redundant then all the employer has to do is consult on an individual basis. There is no minimum length of period that this would need to last for and the only requirement is that the consultation is meaningful and relevant matters are discussed in it. So it is possible for the employer to hold a consultation period that last a week or two weeks, as long as they consult properly in the process.
When it comes to the alternative job, then if you are being offered something that you can take up as an alternative to redundancy, you have the legal right to a 4-week trial period in the job to determine if it is suitable. At any point during or at the end of the trial period you can reject the job and opt for redundancy. So if you wish to stall the process and get a 4 week window in which to make a decision you can ask the employer to allow you to undertake the trial in the new job to determine its suitability.
In terms of being signed off sick that would not necessarily give you extra time because you can be made redundant even if you are signed off sick.
Gosh that is useful. So the 4 week trial period is a way of getting a month extra whilst also being able to opt for the redundancy at the end?
yes, you have the legal right to this trial period in order to decide whether to take the job that they are offering you instead of the redundancy. This is a right given under section 138 of the Employment Rights Act 1996.
And statutory redundancy is £450 max per week, for every year of service. That is all that the company is offering, but most companies offer more, don't they?
not most - they can do but they do not have to, it is entirely up to them if they offer more than the statutory limit
What can the company do if I don't feel ready to make a decision about my redundancy?
they can still proceed with compulsory redundancy if necessary
so the period is totally negotiable with one individual..hmm not good news for me!
they must consult with you but there is no minimum period for how long these consultations should take. It could take just a few days as long as everything is covered, but it could also take a couple of weeks or more if the employer spaces out the meetings
Do they have to allow the worker a job that is reasonable based on travelling distance/time to work, as my new position would involve a lot more travelling and therefore a very long working day compared to my former role
they can offer whatever is available - they do not have to ensure it is reasonable or suitable for you, that is where the trial comes in - you decide if it is something you would want to take up or if you believe the terms and conditions are simply not suitable for you and would prefer redundancy instead
OK great… so there's no obligation on them to provide a job that is reasonable for commuting etc...
no, they do not have to create or amend a job to make it suitable for you - they offer you whatever is available and then you either take it as is or opt for redundancy if it is not suitable
Gosh the law seems to be more on the side of the employer these days…not so many employee rights..is there anything else I can do apart from negotiate with them to help myself?
well both employees and employers have rights, there has to be an equal split though so not always that someone wants will match the law and in some situations you will find the law may help the employer more, but in the circumstances it would be the other way round. A bit of give and take on both sides really. Negotiation with them really is the best option here, and of course you can opt for the trial period to give you more time and try to determine if this really is an alternative you would be happy to take.
OK Thank you for your time. Can you send the transcript to my email… plus a cheeky question, are you one of those experts based in India or are you actually British?
:) very much British, we do not have experts in India - we are all qualified lawyers so it would be difficult to outsource such a service abroad as the advisers would need to be qualified in English law. As to getting this conversation whilst we cannot email customers, you have a few options:
a) If you see a 'share' button and hover over it you can see the option to print. b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.c) This conversation will be stored in your account on this site so you may return to view it or do any of the above at any time
OK, Thanks a lot for your help, Ben. It was actually worth the money, I was surprised!
Glad to hear it and you are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:
Thanks, XXXXX XXXXX at my end