Many thanks for your patience. 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.
So it is important to consider whether this job was suitable for you in the first place and if it was entirely different than what you used to do they would not have had to offer it to you, but if it was and they didn’t you could potentially argue that this was an unfair dismissal. In that case your only option now is to make a claim for it 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 123 1100.
If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:
Does this clarify things a little bit more for you?