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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 73905
Experience:  Qualified Employment Solicitor
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I have been tuped in my cleaning job 3 times in 13.5 years.

Customer Question

Hi I have been tuped in my cleaning job 3 times in 13.5 years. The office I worked in has closed and I have been offerex another job elsewhere do I have to accept it or can I ask for redundancy. At the moment they have offered notice pay only thanks linda
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have had the consultation meeting by phone but have been told that I am forfeiting my redundancy by not accepting the new position. I have spoken to acas
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: No . I w
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I was employed by Minster and contracted to clean an office for Atkins , they changed the cleaning company to Premier Cleaning then to Service Master,
Submitted: 18 days ago.
Category: Employment Law
Expert:  Ben Jones replied 18 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 18 days ago.

When were you last TUPE'd? and did you receive a new contract at that time?

Customer: replied 18 days ago.
It was sept. 2019 not sure about contract
Expert:  Ben Jones replied 18 days ago.

Thank you very much for clarifying. The fact that your office has been changed does not automatically entitle you to redundancy. As part of a fair redundancy procedure, employers are required to offer suitable alternative employment to those employees who are at risk of redundancy. The objective is to avoid having to make them redundant and keep them in a suitable job, even if they have been made redundant from their original one.

There must be an offer by the employer and that must be made before their current job officially ends. However, an offer does not mean the employee automatically gets the job in question and the employer could still potentially take them through a competitive recruitment process, such as an interview to determine their suitability.

Once an offer is made and subject to any successful selection, there are two possible outcomes:

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

- The employee rejects the offer – this should only happen if the job is not suitable and the employee reasonably rejects it. If these conditions are not met, they risk forfeiting their redundancy pay as they would be considered to have resigned instead.

As mentioned, there are two elements to a successful rejection – reasonableness and suitability. Reasonableness is based on the subjective reasons the employee has for rejecting it, such as personal circumstances, health, family commitments, etc. In the end, the main question is whether considering the particular circumstances, the employee acted reasonably in rejecting this offer.

Suitability is based on both objective and subjective criteria, with the most common factors that could make an offer unsuitable being:

- Job content/status – drop in status or significant changes in duties, which do not match the employee’s skills, experience and qualifications

- 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 workplace location, with an increased commute, making it unreasonable to travel there

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

Finally, 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 offer was not suitable and was reasonably rejected, they should still be made redundant from their original job and receive redundancy pay.

Expert:  Ben Jones replied 18 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.