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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75108
Experience:  Qualified Solicitor
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I work for a cleaning company for eight years the shop is

Customer Question

Hi I work for a cleaning company for eight years the shop is closing on Sunday they have offered me a job at another shop I haven't accepted the other job can I still get redundancy
JA: Where are you? It matters because laws vary by location.
Customer: North East , Gateshead
JA: What steps have you taken so far?
Customer: No steps nobody had talked to me about it
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 don't think so
Submitted: 17 days ago.
Category: Law
Expert:  Ben Jones replied 17 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 17 days ago.

Can I just check why you don't want to accept the offer?

Customer: replied 17 days ago.
I've had a better offer from a different company
Expert:  Ben Jones replied 17 days ago.

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 17 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. 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.

So if they make you a reasonable offer and you reject it, you could be giving up the right to redundancy as you would be resigning instead. They must either make you no offer of suitable alternative employment or what they offer you must not be suitable to allow you to safely reject it and ask for redundancy instead.

Expert:  Ben Jones replied 16 days ago.

Hello, following my main response above, I just wanted to check that everything was clear. If you have any further queries about this issue, you can reply to me at any time on this portal and I will be happy to help. Thank you.

Expert:  Ben Jones replied 15 days ago.

Hello, I trust that everything has now been resolved to your satisfaction and your original question has been dealt with. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.