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Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Is the job they expect you to take suitable for you to do?
The job consists of mine and my colleagues job put together
ok but do you consider it suitable for your skills? Are there other factors that could make it unsuitable, like pay, hours, status, etc?
its suitable for my skills , its just double my current load and the pay package offered with it doesn't match the increased work load, travel distance and responsibility.
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 it is important to consider whether any offer that has been made is suitable or if there are reasonable grounds to treat it as unsuitable and safely reject it, opting for redundancy instead.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
To complicate things, i have received an email from my line manager this afternoon stating that my position is no longer at risk ! How is that possible while i haven't accepted the new position and have made clear my position of not willing to take it until it is matched by a reasonable financial pay package that reflects the doubling of area coverage, number of sites to look after and travel distance!
the employer can remove your position from being at risk of redundancy at any time but in that case you would expect to be placed back in your original post, so if they are taking you off from being at risk but are offering you something different and unsuitable, you can still reject it and ask for redundancy
Does this clarify things for you a bit more?
Yes it does thank you very much, the grey area is that to them the new position and package offer is suitable while i think the opposite.
yes there can often be a disagreement in such situations and there is nothing concrete that can be used as a checklist to confirm with certainty that either is right so if the dispute continues and no resolution impossible then only an employment tribunal can make a formal decision
Can I clarify anything else for you please?
Not at this moment, Thank you very much for your help.