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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 71403
Experience:  Qualified Solicitor
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I need to ask some question about my job, because ive been

Customer Question

good morning, i need to ask some question about my job, because ive been redundant and i want to have some question
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: i ve discussed whit my HR at work
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i can explain to the lawyer
Submitted: 21 days ago.
Category: Law
Expert:  Ben Jones replied 21 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 21 days ago.

What do you specifically want to know about this please? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 21 days ago.
Hi Ben good morning,So I’m working for the soho house (hospitality) company for 8 years now, and 3 years ago I’m moving in another part of this company wher is half soho house and half sydell group.The place call the Ned hotel, and in September al the staff of the restaurant when I was working is been redundant cause Covid.But my position is a bit different because I alweys working in all the restaurants in this hotel even I was in the payment system of my singol restaurant and even now I’m still working until the end of my notice period.But the reason because I write to you is, we do different meeting, I don’t doit because we decide to elect a representative of all the employees are involve.I can show you all the email about the meeting. And I can tell you more information about if you need.But the thinks is not clear for me, I was not offered any alternative to redundancy, no other possible solution and not even the possibility of making a voluntary exit.
Plus we were told who would not return to work during the period of notice can’t get pay the money the expected for redundancy.I can provide more information to f you necessary.
Have a good dayGiacomo
Expert:  Ben Jones replied 21 days ago.

Hi Giacomo, thank you very much for clarifying. 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. Also the positions must actually already be there and exist, they do not have to be created for the purpose of being offered.

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.

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.

If there was suitable alternative employment available but the employer did not offer it to you, that could make any redundancy potentially unfair.

In terms of voluntary exit, that is not mandatory so you cannot challenge the employer for not offering that.

Finally, you must be ready and willing to work through your notice period to get paid for it. You can only realistically reject that if your employer is not asking you to do tasks under your contract, but if the work they expect from you is within your contract, you must be available to do it or you won’t get paid.

Expert:  Ben Jones replied 21 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.

Customer: replied 18 hours ago.
Thank you for your answer, another question when I’m finish My notice period I receive the money they I own me cause redundancy, plus one extra monthly salary.
But this extra monthly salary how is calculate?? Because now I receive the 80 percent of my salary, or I need to receive the full monthly salary
Expert:  Ben Jones replied 17 hours ago.

Hello, thanks for getting in touch. We do kindly ask that customers post any related follow up queries within 7 days of submitting their original question. After that time, if you need further support, we would request that a new question is posted as we cannot offer indefinite assistance under one query. If you need any further help on this matter please post it as a new question on our site, starting it with 'for Ben Jones' as I am familiar with your case and can deal with it most efficiently. Many thanks