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Redundancy advice: suitable alternative employment

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  • Redundancy advice: suitable alternative employment

    My job is currently at risk of redundancy, along with a few of my other colleagues. This is because of the end of funding for a project we have been working on for the past three years. The employer is doing everything correctly, and I believe that a new role will be created that roughly matches my current role, and that I would be offered it.

    However I would like to leave that employer (for my own reasons) but still receive redundancy payment. I realise that if I reject a suitable alternative employment, I lose my right to redundancy pay. The employment is probably very suitable for me and my skills, and I think it will be offered at the same salary. However, can I reject it if it doesn't have the same conditions (i.e. is permanent or three years contract and has a 4% annual pay increase)? Both of these items were written into my original contract.

    I would not like things to get messy with this employer, and would rather leave on good terms, instead of having to squabble about money. Any advice?
    Tags: None

  • #2
    Re: Redundancy advice: suitable alternative employment

    What makes you think you would loose your redundancy pay for refusing any alternative position offered to you?
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment


    • #3
      Re: Redundancy advice: suitable alternative employment

      Originally posted by cuppatea85 View Post
      My job is currently at risk of redundancy, along with a few of my other colleagues. This is because of the end of funding for a project we have been working on for the past three years. The employer is doing everything correctly, and I believe that a new role will be created that roughly matches my current role, and that I would be offered it.

      However I would like to leave that employer (for my own reasons) but still receive redundancy payment. I realise that if I reject a suitable alternative employment, I lose my right to redundancy pay. The employment is probably very suitable for me and my skills, and I think it will be offered at the same salary. However, can I reject it if it doesn't have the same conditions (i.e. is permanent or three years contract and has a 4% annual pay increase)? Both of these items were written into my original contract.

      I would not like things to get messy with this employer, and would rather leave on good terms, instead of having to squabble about money. Any advice?
      Depends what the contract says... Depending on the size of business (number of employees affected) your employer may have to go through a period of consultation. However, they may have a contractual right to redeploy you to an alternative post. Without putting anything more in your contract up than the section on redundancy/redeployment you could either post up verbatim the relevant section or scan (minus any personal details) and email to admin and then it will be clearer :tongue2:

      Comment


      • #4
        Re: Redundancy advice: suitable alternative employment

        The information here: https://www.gov.uk/redundant-your-ri...ive-employment

        Refusing an offer

        You may lose your right to statutory redundancy pay if you unreasonably turn down suitable alternative employment.

        Comment


        • #5
          Re: Redundancy advice: suitable alternative employment

          Suitable alternative role has to be within a reasonable distance of your home, if its in a different location. And the roles, terms of employment, skills and qualifications required for the new role most all be similar to that of your old role.

          Also the job has to be suitable to you, and your own circumstances. If taking on the new role is not suitable to your family life i.e. results in less time with your family at home. Or requires additional unreasonable amount of travel to and from work (taking into account traffic black spots). It be for the employer to prove the alternative role was a reasonable and suitable alternative role taking into account your circumstances and the impact of your family life etc!

          It is very rare for an employer to refuse to pay redundancy pay, when an employee has refused the offer of an alternative position!

          Also you said you had reasons for wanting to leave, those reasons alone would make the any suitable alternative role offered to you, as not suitable for you.

          I think you should volunteer for redundancy, if you'd prefer to not take on any alternative role that may be offered! Simply write to your employer advising them you would like to volunteer for voluntary redundancy, state your reasons i.e. the personal reasons your made reference to in your first post!
          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

          The Governess; 6th March 2012 GRRRRRR

          Comment

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