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Ben Jones
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Am I entitled to redundancy if my employer offers me alternative
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Am I entitled to redundancy if my employer offers me alternative employment and I refuse it
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Expert:
Ben Jones
replied 2 years ago.
Hello how long have you worked there for and how is the job unsuitable?
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Customer:
replied 2 years ago.
9yrs the job I do at present is customer service host( bus conductor) my job will no longer exist soon. They want to offer me a bus driving job which I do have a liscence for but don't want the job or to stay with this company
Customer:
replied 2 years ago.
I want to leave the company but not without redundancy which they say I wont get because they are offering an alternative n if I don't take I affectively finish myself
Expert:
Ben Jones
replied 2 years ago.
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.
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. To answer your question, yes if the job is unsuitable you can request 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
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