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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 51163
Experience:  Qualified Employment Solicitor
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I have worked tueday wed and thursday in my job for over15

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i have worked tueday wed and thursday in my job for over15 years and hold a different job on monday and fridays now due to restuctering in my first job i am being asked to work 5 mornings or five afternoons or considerable reduce my hours to 8 a week as due to secondary employment i can not work five days am i entitled to redundancy

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

If your current role ceases to exist as it is, 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

As you can see working hours can be a relevant factor and if that means you cannot take up the new role, it can be a relevant argument for not taking it. 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.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the options you have on taking this further if they refuse to make you redundant. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and 2 other Employment Law Specialists are ready to help you

Thank you. If they refuse to make you redundant, you may have to eventually consider resigning and then making a claim for constructive dismissal in the employment tribunal.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

https://www.employmenttribunals.service.gov.uk/apply