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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long were you with the other employer before you were tuped across.
5 years, started 7 July 2008
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Many thanks for your patience. Whilst the new employer has not really gone about this in the correct way, such as failing to properly consult and inform you about your job (or lack of), it does not mean that you have to just accept it and do as you are told.
If they do not have the job that you were doing, but still took you on, then your terms and conditions would have automatically transferred over to them and they would have taken on full liability for you. If they did not have the job you did in the past employment, then this is actually a potential redundancy situation and they would really have to consider taking you through a redundancy procedure.
In a redundancy procedure the employer would have to consider making you an offer of suitable alternative employment to try and avoid a redundancy but if no such opportunities exist and you have not got your contracted job to work in, then they should really look at making you redundant.
The key here is what would amount to suitable alternative employment and whether you can be expected to take on the administrator’s role. This would depend on a number of factors, such as whether there is a general similarity between the two roles, if it is something that would be reasonably expected of a paraplanner to do at some stage, if it can be considered a demotion or a complete change of duties and so on. Ultimately you decide on the suitability of a role and if you have a list of concerns as to why this is not a suitable alternative you can reject it and ask to be considered for redundancy instead. Alternatively, you could ask for a 4-week trial period in that role to determine its suitability and if at any time during that period or at the end of it you determine that it is not a suitable alternative, you can reject it and go down the redundancy route instead.
Thank you, XXXXX XXXXX less as I thought, I thank you for your time
You are most welcome, all the best