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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48795
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ben, Thank you back to me. I have rated you as per your

Customer Question

Hi Ben,
Thank you for coming back to me. I have rated you as per your request.Please can we continue with our discussion I want to have all the legal
Facts in front of me before my meeting next week.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Thank you. 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:

· 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.

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 has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for this... It's all still a bit uncertain at the moment as I am not sure what the plans are. All they have mentioned is re structuring the department and that peoples roles will change.
I will have more of an idea when I speak with them next week.
Expert:  Ben Jones replied 1 year ago.

That should not affect your claim or the services you receive from them - they should have contingency plans in place to deal with any ongoing cases, especially those which have a nearing deadline

Customer: replied 1 year ago.
Hi Ben,
I hope that you are well.Just wanted to give you a heads up following on from my initial enquiry as I have a question for you.Following on from my initial enquiry where I mentioned that my department was due to have a re-structure. I am in now in consultancy as will have my first initial meeting on Thursday where they will be presenting their plans and the proposed new roles.
Now as I work part -time the new roles would be more geared to being Full Time and I am only part time.. Also the alternative roles in the business are a lot junior than my role. What or how do you advice I deal with this situation.
Look forward to your response.Ash
Customer: replied 1 year ago.
Just to let you know they have mentioned redundancy will be part of this - is this something I bring up in the first meeting?
Expert:  Ben Jones replied 1 year ago.

Hi Ash, you need to decide if hat has been offered is suitable, based on your personal needs and circumstances. So if the roles are more full time than the current part time position and their level is of a junior level, you can rejected them as being unsuitable. You do not have to reject them if you are willing to try thm but you can do so outright if you know they won't be suitable. As to redundancy you do not have to mention this at the first meeting but you certainly can do so, just to have an idea of what you may be due and that could help you reach a decision