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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50941
Experience:  Qualified Employment Solicitor
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Morning Ben, me again As I explain to you last time: I was

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Morning Ben, me again
As I explain to you last time:
I was appointment by London Borough of Havering in 2003 Work with children with emotional and behaviour difficulties in a special provision as part of a main stream school. I restrained a child in September 2016 and the case has only been resolved last week with no further disciplinary action taken again me. I have a meeting with HR and the school soon to discuss a way forward.
The problem is, while I was suspended the provision I as was running, in the main school, had to close down. While at the school I was the teacher in charge of the special provision but also had other duties in the school (PE coordinator). When I return I cannot do the job I was appointed for because it doesn’t exist anymore, the borough closed it. That means the borough will give me an alternative job in the school (probably a pay cut) but I don’t want to do it. I am a special needs teacher and doesn’t want to work full time in a main steam school.
If they offer me an alternative job, which I don’t want.
Do I have to take their alternative job offer?
What is my rights regarding redundancy, constructive dismissal?
How long is my notice period, do I have to work my notice period, doing something else I was not employed for?
Or what other option do I have?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked there for?

Customer: replied 4 months ago.
Since May 2003
I started the unit in 2003 in a different school but moved to the new school in 2013, still working for the london Borough of Havering.

If your job no longer exists, then this would amount to a redundancy. If there is a redundancy situation, the employer has a duty to make a reasonable search for suitable alternative employment (SAE). If such positions exist they must then be offered to those at risk of redundancy. The objective is to avoid having to make someone redundant and keep them in a job.

There are two possible outcomes of this:

· The employee accepts the offer – in this case their employment will continue in the new role and thee would be no redundancy

· The employee rejects the offer – if that happens and the employee expects to still be made redundant, whether they do depends on the suitability of the offer and the reasonableness of their rejection, which I will discuss below.

If the offer is considered suitable and the employee unreasonably rejects it, they will be deemed to have resigned and would not be made redundant or be entitled to a redundancy payment. If the offer is unsuitable and they reasonably reject it, they can still be made redundant and receive redundancy pay.

Reasonableness is based on the subjective reasons the employee has for rejecting it, such as personal circumstances, health, family commitments, etc. Suitability is based on both objective and subjective criteria, with the most common factors that make an offer unsuitable as follows:

· Job content/status – drop in status (even if pay remains unchanged), changes in duties, which do not match the employee’s skills

· Pay and other benefits – significant drop in earnings/benefits (e.g. basic pay, bonuses, overtime, commission, etc)

· Working hours – change in shift pattern, significant extension/reduction of working hours

· Location – new location making it unreasonable to travel to the new place of work

· Job prospects – going from permanent to temporary or fixed-term work

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. This is an opportunity for both employer and employee to determine its suitability. If during the trial period they decide that the job is not suitable they should tell their employer straight away and terminate the trial period. Assuming the above criteria apply and the offer was not suitable and was reasonably rejected, they should still be made redundant from their original job and receive redundancy pay.

Your notice period should be in your contract, if there is no mention there, it would be 12 weeks. Instead of making you work in a role you are not contracted to work in, they should be seeking to pay you in lieu of notice, so sending you on your way immediately but paying you for the notice period.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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