Many thanks for your patience. This could amount to redundancy because the term 'redundancy' can be found in The Employment Rights Act 1996 and covers:
1. Business closure – where the whole of the employer’s business is closed
2. Workplace closure – closure or relocation of one or more sites
3. Reduced requirement for employees to carry out work of a particular kind (this is where many employees get confused as they believe a job has to actually disappear for them to be made redundant).
The third reason above creates the most challenges. Examples of when there is a reduced requirement to do work of a particular kind are:
· The same amount of work remains but fewer employees are needed to do it. This includes consolidating some of its jobs (e.g. spreading out certain jobs amongst existing employees).
· There is less work of a particular kind and fewer employees are needed to do it (both the work and the headcount shrink)
· There is less work of a particular kind, but the same number of employees are required overall.
So if no one is required to do that job, or the duties are spread out amongst existing employees then it could indeed amount to a redundancy.
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 really you need to look at whether this new position is something that you consider suitable for your experience and qualifications, as well as personal circumstances, and work on that basis.
This is your basic legal position. I have more detailed advice for you in terms of the factors you can take into account when determining the suitability of this position, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you