Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Do you have a specific question?
I had a question yesterday about my husbands entitlement to revert to redundancy pay after notifying that a role is not suitable within the 4 week trial period.
My follow up is regarding the conversation he has had this morning with his HR rep. She asked for the reason, he advised the pay and conditions and she asked what other reasons do you have and that she will have to get back to him.
Given they have not followed the correct process in notifying him of the redundancy payment amount, provided him with the contract detailing the new role until the last week of his trial, can they decline his request?
- sorry Ben, can you just confirm you have received the query? I have a problem with my laptop and am concerned you have not receive it.
OK thank you, XXXXX XXXXX it with me. I am at tribunal today so may not be able to answer immediately but rest assured you will hear from me today. There is no need to wait here and you will receive an email when I have responded.
Hello, sorry for the delay, just managed to get some free time at last. Do you mean can they decline his request for not accepting the role he was trialling?
he has trialled the role, and has advised that it is not suitable based on status, money and task. Can they disagree and insist the role was suitable and as such not pay him his redundancy.
thank you in advance
the trial has not ended yet
well the risk of this happening always exists - basically an employer could always disagree with the employee about the suitability of the role and refuse to pay them redundancy, arguing they had unreasonably refused to take up the role. This could happen even in the most obvious cases of a job being unsuitable. What would happen then is that it would be for the employee to challenge this decision and make a case for redundancy pay in the employment tribunal
ok - thank you for this.
have a great evening
certainly will, you too, all the best for now