How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49788
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Type Your Employment Law Question Here...
Ben Jones is online now

I work 25 hrs a week consisting of 20 hrs on a rota team and

This answer was rated:

i work 25 hrs a week consisting of 20 hrs on a rota team and 5 hrs of admin work listed on my pay slip as 2 separate jobs i have been made redundant of my 5 hrs admin and been to meeting with management and agreed my redundancy pay .1 am 3 weeks into my notice period and because someone is now leaving they have offered me back my 5 hrs and i will not be getting my redundancy pay anymore . being 3 weeks into my notice i have arranged another job to cover the lost hrs i have explained this to management but they have said i will not get any redundantcy pay because i havent accepted their offer can they do this .
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. So to clarify you worked 25 hours a week and now they have only offered you 5 hours as an alternative?
Customer: replied 2 years ago.
Hi Ben no i still have my 20 hrs working on a rota team which is a different job in the company i have only been made redundant of my 5 hrs admin job
Hello sorry I was offline by the time you replied. The law on redundancy is such that if you have been issued with formal notice of being made redundant, the employer has a duty to try and offer you suitable alternative employment in order to try and avoid the need for redundancy. This is an ongoing duty and it continues until your employment from the position you are being made redundant from terminates. If the employee unreasonably refuses the offer then they would be giving up their right to receive redundancy pay. However, if the offer was unsuitable or the rejection was reasonable, their rights to redundancy would remain unaffected.
In this case you have been offered the same job back so it would be deemed a suitable offer so the question really is whether your refusal is unreasonable. You have already made plans for a new job so you do have an argument that your refusal is reasonable. Had you made no plans and employer offered you the old job back then you could be refusing it unreasonably but the fact that you have already accepted another job to replace this one means that it is likely your refusal is reasonable. Therefore, if the employer fails to pay you your redundancy you could consider making a claim for it in the employment tribunal. Before you consider the formal legal route you should raise a formal internal grievance with the employer to give them the chance to resolve this themselves.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or 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 Employment Law Specialists are ready to help you