Suitable alternative employment

[tallbob101]

Hi

Looking for abit of advice about suitable alternative employment law within the company i work for. I work in the public sector and my current role is office based, data entry type of work. For various reasons the work in our current job is drying up, so our employer want to redeploy us on other jobs rather than make us redundant.

One of these other jobs is call centre work based in the same office. The job is obviously quite abit different than sat at a PC all day typing in figures. Not just that, the new job is shift work and some weekend work ( current job is flexi and Mon-Fri only). Ontop of that i suffer with anxiety and in particular phone anxiety, hence why i originally took this job as i was told it doesnt involve phone calls.

Our employer was originally looking for volunteers for the new job, but very few did so now they said they will select people. They have now said if you dont accept the new job if you get selected to do it, only option is to quit.

Ive read up on redeploy in the workplace and it seems employers have to give you a trial period, the job has to be suitable and if not, the employee can take redundancy. The fact i would have serious mental health issues doing the job, for me makes it unsuitable. Not to mention the change in working patterns (flexi to shift work).

Unison have apparently said it is acceptable alternative employement, but GMB who im with arent so sure when i spoke to them. They told me to hang fire until the time comes when im selected, and then they will get involved.

So where do i stand here? The whole situation is massively stressful

thanks

[ULA]

If you are offered what your employer believes to be a suitable alternative job, the suitability will depend on:

- how similar the work is to your current role
- the terms and conditions of the job being offered
- your skills, abilities and circumstances in relation to the job
- the pay (including benefits), status, hours and location

If your employer offers you an alternative job, you will need to think carefully because if you turn down a suitable alternative post that is offered before you are made redundant, they may be able to refuse to pay you a redundancy payment. Although I appreciate at this time it is not clear whether there will be a redundancy process in your situation but something you should be aware of.

If you are offered an alternative position, then you should be given a 4 week trial period, however you would need to tell your employer during the trial period if you decide the new job is not suitable, otherwise if you leave it until the end you will affect your employment rights, including your right to any statutory redundancy pay if applicable.

In terms of deciding whether an alternative job is unsuitable or your refusal reasonable these are some potentially valid reasons:

- job content and status - drop in status or level, substantial differences in duties, including loss or addition of job content.
- pay and other benefits - significant drop in earnings, including basic pay, bonuses, overtime, sick pay, holiday entitlement, etc.
- working hours - change in shift pattern, removal of overtime, extension/reduction of working hours
- change of workplace - if your place of work changes and your personal circumstances make it unreasonable for you to travel to your new place of work. This assumes that you don't have a mobility clause in your contract, in which case your refusal may be unreasonable
- Job prospects - going from permanent to temporary or fixed-term employment.

The effect on personal circumstance e.e. child care arrangement and given what you have said the effect of the new role on your mental health etc. are being seen more generally as something an employer should take consideration of when understanding why, what they believe is a suitable alternative, may not be for the individual.

I think that covers everything but if not please just come back and ask.

[tallbob101]

Thanks for that. From what you have said and from what ive read, suitable alternative employment is very much on a case by case individual basis as what is suitanle for one may not be for another. Our employer has just decided that this new job is suitable for all staff (around 150), and not taken personal circumstances into consideration at all.

i had a general chat with GMB many months ago when this was in the pipeline just to get some general advise, and they said even the change from flexible working to shift/weekend work could be enough to successfully argue its not suitable employment.

[ULA]

As you rightly say the suitability of alternative employment is dependent on an individual's situation and they cannot necessary "fit" 150 people into a new role with changes to the content of the work and working patterns and consider that this will be appropriate and suitable for all concerned.

[tallbob101]

Thats good to know. My Union has advised me to get my employer to arrange a OH appointment so they can determine the suitability of the new job because of my phone anxiety.

[ULA]

From your previous posts it is clear that you have a phone anxiety which the company is aware of so I would agree that is a good suggestion from your union to help support the new role for your particular circumstances is not a suitable alternative position.

[tallbob101]

My employers dont actually know this. Its not something ive needed to mention as ive never worked in a role in this job that requires phoning people.

im tempted to email the boss and explain that if i was to be considered, i would fight it and tell them what my Union have said

[ULA]

The GMB should be able to provide you with some good support and you can always come back to this post as well if the situation of you being redeployed to this new role actually happens.

Keep us updated.