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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50209
Experience:  Qualified Employment Solicitor
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We have an employee with 15 years service. We need to make

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We have an employee with 15 years service. We need to make cuts and make their position redundant but we have another position on the same level and same salary which would be suitable alternative employment.The employee wont accept this position as states it is more work. it is not. The position being made redundant is Academic Development Manager and the post vacant is Academic Manager, they are almost identical positions. The second post is free as the incumbent has just resigned.If the employee refuses suitable alternative employment can we refuse to pay redundancy pay?Thanks

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What makes them think there is more work involved?

Customer: replied 1 year ago.
They have to manage staff in the new role. They are currently covering this role at the moment .
Customer: replied 1 year ago.
The roles are most identical same pay and title same workload except they would have to manage staff. As far as I can tell it would be suitable alternative employment

Hi there, sorry I was offline by the time you had replied. Suitability is only relevant when the terms of the alternative employment offered by the employer differ from the employee's existing terms of employment. It requires an objective assessment of whether, having regard to the nature of the job offered (the whole of the job: status, content and terms, especially wages, hours and location) and the employee in question, the job is a match for the employee. However, it is not an entirely objective test, as the question is whether the alternative employment is suitable for that particular employee.

In making an objective assessment of the suitability of alternative employment offered by an employer, a tribunal must have regard to:

· The employee's skills, aptitudes and experience and whether they meet the requirements of the job on offer.

· The terms of the alternative job (for example, status, place of work, tasks to be performed, pay, hours and responsibility) and how they compare with the terms of the employee's previous employment.

Assuming this was suitable alternative employment, which it sounds it is, then an unreasonable refusal by the employee to take this would amount to a resignation. This means that they would no longer be being made redundant and would not be entitled to a redundancy payment.

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

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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