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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45303
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My companie is going through a reverse buy back by another

Customer Question

My companie is going through a reverse buy back by another company. I am meant to transfer to the new merged company but the best part of my job and comprehensive part of my role won't be there anymore.
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
How long have you worked there?
Customer: replied 10 months ago.
10 years, it's not a TUPY either :-)
Customer: replied 10 months ago.
I meant TUPE...
Customer: replied 10 months ago.
That question seemed to go to my PayPal/work address but my log in email is***@******.***
Please can you reply to that one? Thx Tara
Customer: replied 10 months ago.
Also FYI, they are offering me the same title/level but given the sole nature of that business it can't give me the same complexity of work.
Customer: replied 10 months ago.
I haven't had an answer yet and my accounts seem to have got muddled up so please let me know that you are going to answer this question and not the last one I asked that you have already covered...thx
Expert:  Ben Jones replied 10 months ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. If your job no longer exists following your transfer then this will most likely amount to a redundancy situation. The employer would have a duty to consult with you and offer you suitable alternative employment to try and avoid the need for redundancy, however if that is not possible and no positions exist, then it could end up in you being made redundant. You should then be entitled to a redundancy payment, as well as your notice period. This is your basic legal position. I have more detailed advice for you in terms of the requirements on the employer when it comes to offering alternative positions and our rights in that respect, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 10 months ago.
Hi Ben
I'm not sure if you saw my other comments but this doesn't answer my question. They have offered me an alternative role with the same tittle and pay but I know that it won't cover the same complexity of work and fear it will reflect negatively on my cv. Thx
Expert:  Ben Jones replied 10 months ago.
Thank you. these re all factors which will affect the suitability of the employment offered. Just because a job with the same title and pay has been offered does not mean that the job is automatically considered suitable, so you are still able to consider other factors when deciding on its suitability. As mentioned I am happy to discuss the law on suitability of alternative employment with you, what factors can be considered and your options when offered with a potentially unsuitable position. If you could please leave your positive rating then I will provide full details of this, thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45303
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 4 other Law Specialists are ready to help you
Customer: replied 10 months ago.
Hi Ben
Yes please that's what I need to find out.
Thx
Expert:  Ben Jones replied 10 months ago.
Thank you. If there is a redundancy situation, which yours would potentially amount to, 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:· Job content/status – drop in status, substantial changes in duties, etc.· Pay and other benefits – significant drop in earnings/benefits (e.g. basic pay, bonuses, overtime, sick pay, holidays)· Working hours – change in shift pattern, removal of overtime, extension/reduction of working hours· Change of workplace – new location making it unreasonable to travel to the new place of work· Job prospects – going from permanent to temporary work, becoming self-employed or being employed on a fixed-term contract or anything else which may seriously effect on job prospects or career 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.
Customer: replied 10 months ago.
Redundancy isn't on offer, it's take it or resign. The new job ticks all those boxes except for the first one, job content although status is the same. Given it is unsuitable on only 1 count, could it still be argued? Also after 11 years how much redundancy is entitled? Thx
Expert:  Ben Jones replied 10 months ago.
A redundancy is not a situation which depends on the employer - if your job no longer exists for example, there would be a redundancy situation whether the employer likes it nor not. Of course they can simply refuse to acknowledge this and you cannot force hem to make you redundant but in that case you will have to resign and claim constructive dismissal and seek compensation that way. The list is not exhaustive and there is no minimum criteria for making something unsuitable, you have to consider your personal circumstances and why it is unsuitable, so you will have to decide in the end. As to redundancy, you can calculate this here: https://www.gov.uk/calculate-your-redundancy-pay An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.
Customer: replied 10 months ago.
Thx that is helpful, one last thing, I need the other job so have to take it, is there any way I can get them to compensate me financially for moving me to an inferior role?
Expert:  Ben Jones replied 10 months ago.
You cannot force them to, especially if the pay remains the same. However, you can use that as a negotiating tool, for example make it look like you are going to resign and take this further but state that you are willing to compromise and take up the new role on the condition you are compensated

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