Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are there actually any suitable jobs within the Trust that you could do?
Hi, sorry I was offline by the time you had replied yesterday. At present you appear to be at risk of redundancy, where there is a potential of redundancy but this has not yet been confirmed. The employer could proceed with the redundancy, or they could find ways to try and avoid it and leave you in your post or another suitable one.
As far as the suitability of other employment is concerned, then 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:
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 the key really is whether there is other suitable alternative employment for you to do. If no such positions exists then eventually the employer will have to make you redundant. However, if SAE positions exist and you unreasonably refuse them, that is when you would be at risk of losing any redundancy entitlement. So consider the options carefully and if you are certain that no SAE is available, then you simply have to wait in your current post until the consultation and redundancy process finishes and assuming that your job no longer exists at the end of this, the employer would have no other option but to make you redundant.
Hope this clarifies your position? If you could please let me know that would be great, thank you
I'm being told that the provisions of the employment act dont apply because i havent been given notice of redundancy so they dont have to give me a trial period if they dont want to and if the job they consider is suitable is in a different trust they can't anyway becasue the recruitment process is whatever the new trust says it is and so far other trusts have shown no willingness to accommodate any requirements of my trust.
They also say that they are being more flexible with respect to whats considered suitable and expect me to be the same. In effect that means they consider suitable to be whatever suits them in getting rid of me as quickly and as cheaply as possible with litte if any consideration of my personal circumstances.
Do i have to be more flexible just becasue it suits them? My view of what is suitable doesnt change becasue of their changing agenda. They are telling me that jobs that are not within my professional nor within my specialty nor even in the same pay grade are suitable. Is it for them to justify this or for me to refute it? If I refuse to apply for a job they say is suitable and /or if i refuse to accept one that is offered it has been suggested that that would lead to disciplinary action. Can they do this? If I refuse a job do they have to justify why they think I am being unreasonable or fis it for me to justify why i am being reasonable.?
And finally if I refuse a job claiming it is unsuitable and that my refusal is reasonable and but i know other jobs are potentially coming up in the future that would be probably more suitable can they dismiss me on the basis of the first job i refuse.
following on from this the consultation period about the restructuring that was going to result in my job being disestablished ended before christmas and the final document sent to the trust board shortly afterwards. I wasn't told this until i asked but even now my post hasn't actually formally been disestablished. My boss says he doesn't have to until i find another job and is prepared to wait for as long as it takes. there are no jobs and are unlikely to be any. I have been at risk now for 6 months and it is taking its toll on my physical and mental health which doesn't seem to be a concern for the trust at all. So much for a duty of care for health and wellbeing. I am expected to carry on as if everything is normal but finding it increasingly difficult to do that. My skills and expertise and self confidence and emotional strength and resilience etc etc are taking a severe battering and i can't keep this up much longer. I suspect the plan is to wait for me to resign because i can't stand it any longer and then they won't have to pay me a redundancy payment.
Is it legal to keep me in this holding position indefinitely, especially when it is causing me such personal damage? Is there anything i can do to encourage the trust to move forward to some resolution ?