Your employer is making you redundant but has offered you another job – must you accept it?


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Getting a Job, Legal

Your job is at risk of redundancy, and your employer has offered you redeployment to another job in the same company – are you obliged to take it?

Redundancy

Redundancy is a ‘fair’ means of dismissal by your employer if you are an employee and the procedures they follow and the circumstances are correct. A redundancy situation happens when there is no more, or not enough, work for you and your colleagues (for example if your employer closes or relocates the business, or now needs fewer workers). Your employer needs to take the following steps to ensure the redundancy is ‘fair’:

  • Employees need to be informed of proposed redundancies by undertaking Consultation with the ‘affected employees’ (or their representatives) with a view to ‘reaching agreement,’ which means they should consider alternative ideas to redundancy to and explain their decisions to you.
  • Your employer must select those who are at risk of redundancy in a fair way.
  • They must consider offering you any alternative work that is available and suitable and they must tell you of any vacancies at your company. If a suitable job is available you will not be entitled to a redundancy payment (see below).
  • They must pay you your Statutory Redundancy Pay entitlement (if you have two years continuous service) if there is no suitable work available for you at that time.

For full details of all these steps see our article here.

Redeployment

Employers need to consider the following factors when deciding if an alternative role will be ‘suitable’ to replace your redundant job:

  • Will you have the right skills and experience for the new role?
  • Are the terms of the alternative job similar – e.g. status, place of work, job duties, pay, hours of work, responsibility.

If it is reasonable for you to refuse a ‘suitable’ alternative role you will receive a statutory redundancy payment. You will not be due a redundancy payment if you unreasonably refuse a suitable alternative job offer.

To decide if it is reasonable for you to turn down an offer of alternative employment will depend on your specific circumstances including:

  • The amount of time you are given to consider the new job
  • Whether the role is temporary or not and the role’s status
  • The impact it will have on your personal situation (if it is at a different location for example, the affect on your family life and your health)

Your employer cannot force you to accept an offer of alternative employment, however if you refuse such an offer unreasonably your will forfeit your right to statutory redundancy payment as long as:

  • The offer of the alternative employment was made before the end of the previous employment and you were given details of the new job
  • The new job starts on the termination of the old job or within 4 weeks of it
  • The job that is offered has the same terms as the original contract, or if they differ the job is still seen as suitable alternative employment.

If your Employer believes the alternative job is suitable but you disagree, you may be able to claim for statutory redundancy pay and unfair dismissal at an Employment Tribunal after you have followed your companies internal grievance process.

If an Employer has alternative work available that is suitable but does not offer this to the redundancy employee the redundancy dismissal of the employee may be an unfair dismissal.

Statutory Trial periods

If your employer offers you a new job that is a reasonable alternative to your old job, but where there are some differences to the old position and it’s terms and conditions, you are entitled to a 4 week statutory trial period in the new job.

  • During the 4 weeks trial period (or at the end of the 4 weeks) you do not want to stay in the new job and either you or your employer terminates the new contract or gives notice to terminate the contract (because it is not considered a suitable alternative due to the differences between the old and new contracts) you will be classed as being dismissed by redundancy and still qualify for a redundancy payment.
  • If at the end of the 4 weeks you need more time for re-training the period may be extended (as long as this was agreed at the outset).
  • If the work is suitable and you are seen as ‘unreasonably’ terminating the contract you will lose the right to a redundancy payment.
  • If you stay in the new job after these 4 weeks you will be considered to have accepted the new job, if you don’t say differently, and will forfeit your redundancy payment.
  • It is possible to start a new 4 week trial period in another alternative job if the first new job/trial period is unsuitable.
  • The 4 week trial period should generally start immediately after your previous job has ended.

If you are an Employer and need ongoing professional help with any staff/freelance issues then talk to us at The HR Kiosk (click here) - a Human Resources Consultancy for small businesses – you can retain us for as much time as you need.

Please note that the advice given on this website and by our Advisors is guidance only and cannot be taken as an authoritative  or current interpretation of the law. It can also not be seen as specific advice for individual cases. Please also note that there are differences in legislation in Northern Ireland.

  • John McKeown

    Hello. Thank you for this article. I wonder if you could help me with a query.? I have been emplyed with the same organisation for seven years. Last year I was given two months redundancy notice and on the final day of notice, I was offered another similar post due to the retirement of a colleague. I had been on the normal six month probationary period for the post, but as it was similar my old post, there has been no assessment until now. This week, I had a “preliminary review”, which I assumed was merely a formality, as it was four months overdue. When I recieved the form to sign, I saw that my manager had recommended that my probationary period be indefinitely extended until training for a certain aspect of the role was undertaken. He had backdated the forms to say that we had met to discuss this previously. I work for a large organisation and am fairly autonomous in my role. I work hard and I know that the reason for this extension of the probationary term is a way to increase my duties above and beyond what I originally was doing. I have had no reviews or supervision to justify this call for an extension and have called out my manager for falsely dating the probation forms.

    Anyway, I worry that this may mean that I will lose the job after all, and would like to know if I have rights due to my seven years continuous service? Or, as a probationary employee in a new post, is my length of service irrelevant and can I be let go without recourse to an enquiry?
    I’d appreciate any advice on this matter and apologise for the lengthy question!
    Yours,
    John

    • lesleyfurber

      Hi John, thanks for your message. When you went to the new post did they confirm in writing that this was a trial period for a suitable alternative role? Your continuous service with the Company is 7 years, it makes no difference that you now have a new job – so you need to be treated in line with this fact. If you have any questions you can e-mail me at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • Helen Ryan

    I have worked for the same company for over 12 years, a year and half or so we were bought out and relocated 20 miles away, which at the time we tried to fight as unreasonable distant etc, but fell on deaf ears!

    I then fell pregnant, so I let it go just so to keep things simple and to make sure I had regular money coming in and obviously maternity pay etc.

    I’ve been back to work since 2nd January 2013, then on the 6th March the company called me and 3 other colleges into a meeting to discuss our job roles becoming redundant, but 4 new roles were available for us within the same department. My first and only question was would my money be effected, they couldn’t answer there and then but was going to make sure they could by the first consultation meeting.

    The first meeting on the 14/03/13 went as I expected, still couldn’t answer me, so I waited for the second one on the 21/03/13 to be told I wasn’t going to like the answer, they felt the job role didn’t justify my salary, but the only reason my salary is as high as it is, is the amount of time I’ve been there and the cost of living pay rises every year, so they are forcing me into voluntary redundancy as I couldn’t afford the lower wage!

    Can they do this, do I have a case to fight them?

    • lesleyfurber

      Hi Helen, they would need to offer you a ‘suitable alternative’ job and I’m not clear if the new job would be that from what you’ve described. If it is a lower salary then it wouldn’t necessarily be seen as suitable (and your Employer wouldn’t need to match your current salary) so it would mean you face redundancy unless another suitable vacancy comes up. Regards, Lesley, Workline

  • Jenny

    Hello, I wonder if I can ask for some guidance to help me make an informed decision about how to move forward. I have worked for the same company for 14 years. I am involved in negotiating and securing income and have a 3 month contractual notice period on my post. Before Xmas my employer wrote to serve notice on me as funds were ending at the end of March and there was no guarantee that this would continue or other money would be available. I explained to my employer that there was a process they needed to follow and hadn’t done that so they retracted my redundancy and said they intended to start again, this happened and I was then served 3 months notice in February to end employment in May.In the mean time I have done what i can to secure funds and reshape the business so it would be downsized and not shut down and of course there have been tensions on the board as they have struggled with what to do a fair bit. at a meeting several weeks ago the chair became quite unpleasant towards me saying that i wanted to leave anyway. I said i didn’t think the conversation was relevant and i was being made redundant but he said no hang on i want this conversation with you here and now because i know you want to leave and i again replied i am being made redundant. i did this several times before he stopped pushing me in this manner. 4 working days ago i managed to secure extended funding for a further 9 months, as this was extended it effectively includes my post so i expected they would tell me my redundancy would be retracted but they did not. They allowed me to go ahead and extend the contract of the person i manage but then i told them we had the extended money one Director said well it changes nothing we have made our decisions and the other Director, who had inappropriately challenged me before ushered me in a room and said tell me you want to move on to which I said i wont as far as i am concerned i am being made redundant but now I believe this news means i wont be and he said, we still intend to make you redundant. During that day i saw on a computer screen an email between the two directors which implied that i was not a good manager and that me going was a good thing as me being around would only result in my disagreeing with their decisions to close things down.

    So, I went home that evening to take 2 weeks A/L in the knowledge that they did not intend to withdraw my redundancy and had allowed personality to come into things and in fact now held views they had at no time formally or informally shared with me. I was upset and it affected my leave which should have been a time for me to forget work. I did however realise that I had 5 weeks left and had made no plans for other things as I had been trying to hang on, having felt very in limbo about the fact that if the money did come in i would not be made redundant. So with 5 weeks left i set about starting to plan, i bought a course and offered myself for volunteering at a local project so i could take a pragmatic approach to my course and gain some experience i let other people know my life was changing and i was available to take on work. I applied for a f/t position and sent off for job packs for others. Then I went back to work and one of the directors ushered me into a quiet space mid morning to say he needed to talk to me about retracting my redundancy then he said in a lower tone if that was what I wanted. As I had had enough I calmly reiterated the two previous occasions where i felt he had behaved inappropriately and then I asked that any further communication be put in writing to me.

    The next morning I had an email with a copy of the letter of my redundancy tell me that due to the funding being there now my redundancy would be withdrawn and that he wanted a meeting with me to discuss this (I am not sure what is for discussion if he is withdrawing it)?. He has said if i don’t accept it i don’t get my redundancy but has failed to say anything about unless there is anything unreasonable in the offer. It is the same job, same salary, same place etc but this is the 5th month out of 6 (even though it was supposed to be 3 contractually) that I have been in this position, there is for me bad feeling around their behavior and i was left to go home on leave after the money came having been told by 2 Directors that I was still being made redundant. I don’t think they know what they are doing but they have obviously been told they have to offer me my job back. Do I have strong enough grounds to say it is unreasonable for me not to accept my job back now and still have my redundancy? I am going to lose face with other places I have said I am available to work to and lose money for the 1 month course and lose face and reputation with the project i offered to volunteer at.

    I cant afford a employment lawyer. If I don’t accept my job back now then I could end up leaving with no money at all and no job and without knowing whether I have a strong enough case to arguably say i have the right to my redundancy. I don’t want to have to deal with a grievance issue about what i saw on the email they foolishly left in my sight. i do realise there is my redundancy and then the seperate issue of their behaviour but keeping them seperate is quite tricky as the way they have behaved is part and parcel fo why I don’t want to go back only to potentially have to go back through this again in 6 months.

    As an employee I feel penalised because I dont have any guidance to inform me of my rights which is within my reach and am quite stressed about all of this now. Any direction would be helpful at this stage. Thank you

    • lesleyfurber

      HI Jenny, I’m going to reply to you by e-mail, although I may not have time to do this today. Regards, Lesley, Workline

  • c stevens

    Hello, My company have announced the are looking to restructure the sales force. The role I am in now has a company car. They say they are choosing who will remain in the roles and if you are not successful you will be made redundant. There are some other sales roles that will involve having a van, van sales. So you will be entitled to apply for these. The trouble is the pay is a lot less than I am on now. £20,000 less. Will I still be able to get redundancy if I don’t want to apply for this other job. The other job is not a guaranteed offer you have to go through interviews to see if you are right for the job. It is early days yet and I am due my first meeting with them as part of a consultation period.

    • lesleyfurber

      Hi C, thanks for your message. If the new roles are offered on a substantially lower salary then it is unlikely then they would be seen as a ‘suitable alternative’ to your current job; therefore if there is no further ‘suitable’ job then you should be made redundant. Hope that helps. Regards, Lesley, Workline

  • peter

    Hi Lesley

    I’ve just been told that I’m being made redundant by my employer who I’ve been with for 15 years. The redundancy payment will be pretty significant and I’ve decided I want to leave.

    I have not been offered a ‘suitable alternative’ role but they are keen to keep me and are encouraging me to apply for other roles in the company. My question is whether I have to apply for these roles. And if I didn’t, could that give them grounds to withhold my redundancy payment?

    Many thanks

    Peter

    • lesleyfurber

      hi Peter, thanks for your message. Your Employer would need to define any other job they offered you as ‘suitable’ in order for you not to be eligible for a redundancy payment. Hope that helps. Regards, Lesley, Workline

  • John

    I am just 18 and have been employed by a company for two years, They agreed to pay for my 3 year college course. A couple of months ago the company was taken over but kept the same name and we were told nothing would change. Today I have been told that the company is relocating to north london and they also have a branch in the Midlands. I am not in a financial position to leave home and rent or buy accommodation in either London or the Midlands and I can only continue my college course if I am employed by a company that is in line with the course I am doing. Help! Does the company have an obligation to complete paying for my last year at college or am I to be made redundant and forego my last year at college which means I have wasted the previous two years and any hope of qualifications. I realise that as the relocating option is not suitable as I am a non driver, only just 18 with no savings, then the only outcome is redundancy. I will still not be able to complete my course because I would be unemployed and cant imagine where I am going to find new employment agreeing to pay for college. Advice please.

    • lesleyfurber

      Hi John, the answer is going to come down to what is written in your employment contract with them, about your college course and whether it says they are committed to paying for the whole course – I would imagine that they haven’t promised this though, i.e. said they would continue paying for the course if you are no longer employed with them. If the company is relocating and want their current employees to go with them then they are likely to offer a ‘relocation’ package – have they mentioned anything like that? Regards, Lesley, Workline

  • tony

    I work for part of bae systems but with separate company to the main bae systems .There is mention of redundancies with the company I work for, ,But they are talking of sending employees to bae systems to alternative job ,but the terms and conditions ie pay ,holidays etc
    are different,.I would rather take redundancy but would I have to take the alternative job {I have been tig welding for 16 years only done mig welding for 2 weeks about 15 years ago it would be mig welding I would be doing, I signed contract for the tig welding bacuse I did not want to do the mig welding]

    • lesleyfurber

      Hi Tony, thanks for your message. If the Company believes the job are ‘suitable’ alternative and you don’t then you would need to argue this; otherwise if the job is seen as suitable then it is unlikely that you would be offered redundancy instead. Regards, Lesley, Workline

  • dawn

    My husband has worked for a company for 10 years and they are now saying his position is no longer needed , does he have to take the altenative job and does the alternative job have to be at the same level of pay and same level of authority as his other .

    • lesleyfurber

      Hi Dawn, yes basically the alternative job has to be ‘suitable’ and have similar levels of pay and seniority etc. If the job was seen as suitable alternative employment then he would need to take this on a 4 weeks trial period basis – see the above article for more details. Regards, Lesley, Workline

  • trekjock

    Hi, I was employed 4years ago as a Spares Supervisor and from the day I came to the branch I have been carrying out the duties of pretty much every other role besides my own at the request of the manager. He now tells me that he’s making the position redundant and has offered me the position of branch supervisor. In this role he says he expects me to do all that I do now and more, however they pay will be around £10,000 less. Can he legally ask me to do more for less just by changing the job title?

    • lesleyfurber

      Hi Trekjock, it’s very unlikely that the job would be seen as ‘suitable’ alternative employment with such a large pay cut. So no he can’t offer you this job as a ‘suitable’ job, he should be offering you redundancy instead. Hope that helps. Regards, Lesley, Workline

      • trekjock

        Hi Lesley,
        basically they’re not actually offering the job to me, I’m being told that within the branch there is no suitable alternative and have advised me to check the rest of the company myself for anything that I would like to apply for. Otherwise there will be a redundancy package offered (more details of which will be in the next meeting on 6th). I was told that the othey position that I could consider is that of branch supervisor, which carries more duties than mine on paper, all of which I have carrying out since I got here. So in essence they say the new job will be the same as the old job, but they’ll expect more work for considerably less pay!

        Best regards

        Mark

        • lesleyfurber

          Hi Mark, if they are saying the job is not suitable and are offering you redundancy that is the correct thing to do. However, I’m not clear from what you’ve said, so if you actually want the other job then it is your choice to take it, but with the pay cut (and that would mean you are not redundant). Hope that helps. Regards, Lesley, Workline

  • Jase

    Hi, would really appreciate your advice. Being made redundant at work. I’m on Consultation leave until 14 June. My 6 week garden leave starts 17 June, and expires 27 July.

    My company hasn’t found any suitable roles for me yet, but I am looking internally, and may have found one myself.

    If I inform my employer that I wish to leave on the 14 June, could I take the lump sum redundancy package and then come back to work for the new role I applied for, the following week? Or are there any company-specific conditions that I must abide by, for example I have to leave the office for 4 weeks or let my garden leave completely expire?

    Would really appreciate your advice….

    Thanks / Jase

    • lesleyfurber

      Hi Jase, it is very unlikely that your Employer would allow you to do this, as it also likely to breach HMRC rules on redundancy payments (that are tax free) and continuity of service rules (i.e. your service still may be continuous from the start of your original employment which is obviously not something your employer would want if they have made you a redundancy payment). I obviously wouldn’t know if you have any company-specific conditions of course, but you would need at least 4 weeks gap between one employment ending and another employment with the same employer starting – in many companies its’ more likely to be 3 months. You need to speak to your Employer about what their rules are in these circumstances. Regards, Lesley, Workline

  • Di

    Hi, I could really do with some advice also.

    I’ve recently not been selected as part of a consultation process at the company I’ve been working for the past 6 years, and my role is currently ‘at risk’. I’m currently looking at appealing the decision as I’ve just returned from 12 months maternity and believe the whole process has been unfair on me. In the meantime I’ve been given a list of all the current vacancies available internally and across their sister companies and they’ve highlighted those most suitable to my part- time working hours. They have stipulated I will need to interview for any role I want to go for. My main question therefore is do I forgo any redundancy payment if I show interest in an alternative role? Also would I be eligible to redundancy if I’m unsuccessful in the interview for an alternative role?

    Any advice would be hugely appreciated.

    Thanks

    • lesleyfurber

      Hi Di, yes if you accept an alternative role that is ‘suitable’ and offered to you, and your 4 week trial period is successful then yes you would then not be redundant and so would not be eligible for redundancy pay. Regards, Lesley, Workline

  • JiMon

    Hi

    I have been offered redundancy or a job of lesser importance and a 33% pay decrease. My manager has said he would like me to take on new position and stay. I have received a reference from my manager which is fairly glowing and complimentary. I had also asked the store manager if it was the position being made redundant or the person, to which he replied the position.

    I asked my manager during our formal “chat” why can’t I receive redundancy for my position and be taken on in the new position.
    My question is: Should I be given redundancy payment and be offered this position.

    • lesleyfurber

      Hi JiMon, basically the answer is no. No employer is going to give you a redundancy payment and offer you another job with them – that is not the way it works (why would they want to spend that amount of money?). Redundancy payments are given as a last resort when your position is no longer there and there are no other suitable jobs for you in the company (and the job you describe would not be ‘suitable). Therefore it is an either/or situation, which you must make a decision about. Hope that helps. Regards, Lesley, Workline

  • Joe Green

    Hi. If I’m offered what the company considers “Suitable Alternative Employment” but I already have an alternative available to me and don’t wish to continue, would I forfeit my rights to Statutory Redundancy?

    • lesleyfurber

      Hi Joe, thanks for your message. When you say you have an alternative, do you mean in the same company? Regards, Lesley, Workline

      • Joe Green

        I have an alternative opportunity I’ve created for myself outside of the company. Thank you for the response.

        • lesleyfurber

          Hi Joe, sorry I’ve only just seen your reply. If you don’t take up the suitable alternative employment with your current employer then, yes, you may lose your right to redundancy pay. Regards, Lesley, Workline

  • Ivan

    Hi, i want to know if i take two weeks holidays before my redundace notice finish to start in a new job in a different company, will i lose my redundance pay?

    • lesleyfurber

      Hi Ivan, if your holiday is agreed – and I would tell you employer what you are doing – then your redundancy payment should be safe. You would only lose your redundancy pay if you left early/refused to work your notice. Regards, Lesley, Workline

  • Graham

    I am being offered a similar redeployment post to my current job, however, it would mean travelling to a 2nd site 8 miles away and being based there for 3 weeks every 3 weeks. Basically a 3 week rota back and forth whereas currently I am based at one site only (and have been for years).
    I’m a single parent of 2 disabled children, don’t have a car and would be reliant upon a rural public transport service. I think I would have reasonable grounds to decline their offer without losing redundancy entitlement but would appreciate some advice please.

    • lesleyfurber

      hi Graham, thanks for your message. If your Employer is insisting that the job is ‘suitable’ then the first thing you should do is raise a grievance to describe to them why the job would not work in your circumstances. You also should have a right of a 4 week statutory ‘trial’ period in the new job. The Gov.uk website says that when deciding if it’s reasonable or not to refuse suitable alternative employment that “Unreasonable could mean refusing to move even though the new location is nearby and the employee could drive or easily take public transport. However, it may be reasonable to say no if it involves a difficult journey or affects personal matters like children’s education.” Good luck. Regards, Lesley, Workline

  • Jack

    Hi, I have a quick question regarding my current situation: The company I work for have recently gone through a restructuring process which resulted in all the team being put at risk of redundancy. During my final consultation, I was offered a suitable alternative position, which is fundamentally still selling a service within the same region, but to smaller customers and with a change of title, same pay too. I am now coming to the end of my 2nd week statutory 4 week trial period and am concerned that the ramifications of a perceived demotion on my CV may harm my career in the long run. Should I be raising this to the HR team and stating that I see this as a reasonable reason to reject the alternative position?

    • lesleyfurber

      Hi Jack, yes you should raise your concerns immediately and see what they say. Do you consider it a demotion because of the title change or changes to the actual work/customer base etc? Regards, Lesley, Workline

  • Cat

    Can a company give a position that is currently being covered by a temp and has been for the past 5 month to someone that is now on consultation without advertising the position.

    • lesleyfurber

      Hi Cat, it’s going to depend on all the circumstances (i.e. how many people are at risk of redundancy etc) but yes this is something that could happen. Regards, Lesley, Workline

  • Frazbo

    Hi. My employer is restructuring and after the consultation process I’ve been offered a similar role but in a different location which would increase my journey each way to work from 21 to 45 miles. The company has said during the consultation process that they will consider similar positions/ roles in the new location to suitable offers of alternative employment and they would therefore challenge anybody wanting a 4 week trial. Can they do that? They have asked for a decision within 7 days so that they can advertise any posts that people don’t accept, even thought we won’t move office until late August/ early September. Ideally I would like to find an alternative job but feel like I’m been forced to make a decision. Can I insist on longer to consider the offer, should I put in writing I will accept it subject to a trial, any advice would be helpful.

    • lesleyfurber

      Hi Frazbo, if your employer is saying the different location is a ‘reasonable’ distance away so that the jobs there would be suitable alternative employment, then they do not have to give you a 4 week trial. But you could challenge that by putting in a grievance now, where you could say you don’t think the additional distance is reasonable and that you need longer to consider the offer. Or you could write them a letter first, as you suggest above, and see what their response is, then do a grievance after that. Basically, if you and your employer disagree over whether the alternative employment is ‘suitable’ or not then you would have to challenge this at an employment tribunal. Complicated I know! Hope that helps. Good luck. Regards, Lesley, Workline

  • Ben

    Hi, can you help,,,,,, due to restructure my role has been identified as being made redundant, I’ve been told that there is a new position (based on client portfolio as opposed to regional) but that I have to apply for the position – which involves various tests / interview and a presentation to the board of directors. My question is do I have to apply of should the position be offered as an alternative role ??

    • Guest

      Same, my employer is restructuring. My job is being made redundant. There are 3 similar roles but only one which would really be suitable for me. However, another colleague has been made redundant too and we both have to apply for this same role. Should I not be offered it. My concern is because it is sales and I have built up relationships with clients over many years, I would have to start again.

      • lesleyfurber

        Hi Guest obviously I don’t know if your colleague does the same job as you or not – if you do the same job then you would both to need to ‘compete’ for the one job. Regards, Lesley, Workline

    • lesleyfurber

      hi Ben, has your employer said this is suitable alternative employment, or is just similar to what you do now? Regards, Lesley, Workline

  • Rob

    Hi , im just after a little information if possible .

    Im a freelance audio engineer and every year for the past 11 ive had the same client book me a year in advance for the same work thru out the summer. The work is confirmed and normally after i have work confirmed if the client was to drop any of the dates at all there would normally be a cancelation cost due to the job being down as a confirmed.

    Ive just finished the first batch of summer work for this client which all went fine and everyone was happy , but i did inform him this year that this would be my last year doing this batch of dates , i wanted him to know in plenty of time so he had a year to find someone else to do the work ( thinking i was doing the right thing).

    After i had told him he then told me to not bother coming back to finish the dates this year and took all the work away from me which was about 5 weeks work , because of all this work i had in I’ve turned down about the same amount of work for other companies meaning i now have no work because i wasn’t able to book other work in with having all the other dates.

    I have worked for the same client for 14 years in total so I’ve know him along time and thought of him as more of a friend , which can be a bad thing as it seems to many people like he has a hold on me.

    I have all emails logged confirming the dates , and also have the emails saying for me not to bother this year with inappropriate language & wording.

    I basically just want to know where i would stand with this , would i be able to take him to a small claims court ?

    Would be grateful for any information or if anyone has been in the same situation with a out come ?

    Thanks all

    • lesleyfurber

      Hi Rob, did you have a contract with him? As a freelancer you do not have many rights, but if you have written evidence of your agreement then you may be able to take him to court for breach of contract. if you had a contract it should have had termination clauses in it – if he has not followed these either that would also be a breach of contract. Hope that helps. Regards, Lesley, Workline

      • Rob

        Hi Lesley, Firstly thanks for responding …

        Basically all communication was done via email , so i have the lists of dates he sent with other emails stating these are now confirmed . I have done these dates for 11 years and have logs for all the years ive been doing this work .

        My parter spoke to a solicitor while I’ve been away working and she said that not having a contract doesn’t mean nothing can be done about this , the fact that i have all emails logged with all the dates and conformations should really be enough. i also have the emails where he got the hump because i said i didn’t want to work it next year , which all i said was i want to try something different . I thought giving him a years notice would be a good thing so he could fine someone else , didn’t expect him to act like a child using fowl language.

        Thanks again for getting back in touch , if you could think of any other info which could help me would be so grateful .

        Thank you ,

        Rob

        • lesleyfurber

          Hi Rob, yes that’s correct if you have everything in writing then you have enough evidence. You could try for a breach of contract claim in Court. Regards, Lesley, Workline

  • tim

    Can anyone help me my job is being made redundant, in a consultantion meeting was offered a similar job but with a lot less money if I decline this position am entitled to redundancy.

    • lesleyfurber

      Hi Tim, if the new job is paying a lot less money then it shouldn’t be seen as a ‘suitable alternative’ – therefore if you decline the job then you should still be entitled to redundancy pay. Regards, Lesley, Workline

  • kerry

    hi im afeter a bit of information
    i work in a school as a dinner lady and they have merge a primary school into a secondary school they are no longer having dinner ladies but have ofdferd me an alternative as a cleaner same hours but it means i may have to go over to the secondary side which i dont want to do as i have children in the secondary sector and it will affect there behaviour will i be entitled to redundancy if i dont take the cleaning job thank you

    • lesleyfurber

      Hi Kerry, thanks for your message. It’s going to depend if they have described the cleaning job as ‘suitable’ alternative employment – I would think probably not as it’s a completely different job. If they have said it is ‘suitable’ then you would forfeit redundancy pay if you didn’t accept it. If they are not describing it as ‘suitable’ then they are just offering you another job and you should be entitled to redundancy if you turn it down. Hope that helps. Regards, Lesley, Workline

      • kerry

        thanks for the reply to tell you the truth they havent really said wether its suitable or not all they have said is we may beable to offer you a cleaning job the same hours as you do now but i really dont want to do cleaning i was there more for the kids than anything else

  • lesleyfurber

    Hi Sadie, hhmm a difficult one, I presume the role they have offered you is near to your current role, so they would argue that there is not much change in your travelling needs (they only really need to consider if this would make a large difference to your traveling). What do you mean exactly by ‘heads up’, what did they exactly say to you? I’m just wondering if they made you any promises they may be backing down on now? Regards, Lesley, Workline

    • Sadie yardley

      Lesley. They didnt make any promises they just said the our department would not be there in a year but said it hadnt yet been fully signed off by HR and therefore we should keep confidential and not tell staff. The role is similar but does require lots of training for managers and staff as diferent processes and systems. Moving from retail customers to corporate.

      • lesleyfurber

        Hi Sadie, it’s going to come down to whether the role is described as ‘suitable’ or not. If they regard it as ‘suitable’ but you do not, then you can challenge this. If it’s not regarded as ‘suitable’ then you should be eligible for redundancy. Regards, Lesley, Workline

  • Heather Smith

    Hi, I have worked for a company an (independent school) for nine years and they have just sold the business to another organisation that will continue with the same status as an (independent school) , I still have my job at present. I am just concerned, will I lose my 9 years with the previous company if I am made redundant? Thanks

    • lesleyfurber

      Hi Heather, are you being TUPE’d over to the new organisation? You shouldn’t lose your previous service in this case. Regards, Lesley, Workline

  • Dee

    Hi, I was hoping for some advice. I’ve been working for my employers for 6.5 years and recently (for about 8 months) due to health reasons have been unable to do my particular role but have still been going into work to do adhoc admin things. However, recently the specialist I have been seeing and the work doctor have advised that I will be unable to do my current role due to health problems but have advised my employer to find me alternative work. My work place have said that there are no current vacancies where I am living and the available posts will be in London. However, I have two small children and family commitments where I am so this will not be viable for me. They have also told me that I may have to take a job one grade lower than my current role if there is nothing available at my current grade. I am really upset as feel that they are a huge organisation and they seem unable to find a suitable alternative job for me when I am unable to do my current job due to health reasons. Are they within their rights as employers to do this? I also feel that my health problem is actually due to my job role and the fact that they have completely ignored health and safety regulations.

    • lesleyfurber

      Hi Dee, thanks for your message. You haven’t mentioned redundancy and so I think you are talking only about being offered a new job because of your health issues. Could you confirm if this is the case or not so I can give you advice based on the correct scenario. Regards, Lesley, Workline

  • Dee

    Leslie, there has been no mention of redundancy so I’m assuming that either I take an alternative post some 110 miles away from my home or I make the decision to leave my job. Thanks.

    • lesleyfurber

      Hi Dee, just to be clear, the rules around ‘suitable alternative’ jobs only apply in redundancy situations, they don’t apply to health situations. With regards to ill health, your Employer should consider how they can help you either do your current job or see if they have an alternative job for you. If you say they are a large organisation then they should make more effort to do this. Are they following a ‘ill health’ policy or similar in managing this with you? If nothing else, you could put in a grievance about your situation, as it may be that they will dismiss you on ill health grounds if they are unable to find you any alternative job. Regards, Lesley, Workline

  • Dee

    Hi Leslie. I’m not sure what an ‘ill health’ policy is and if this is how they are managing the situation. At the moment I am being kept hanging not knowing if I will have a job for much longer. I am not being given a definitive answer about where I stand with them finding me an alternative job.

    • lesleyfurber

      Hi Dee, you will have to keep asking them what is happening, what they are planning to do I’m afraid. Regards, Lesley, Workine

  • adrian batterley

    Hi.

    I’m going through a redundancy process. Technically, I haven’t been offered alternative employment, but I was given a print off of the company website with current vacancies and asked if there were any I would like to apply for. Should I not be able to choose one without having to go through an interview procedure, its suitability being mine to decide? Thanks. Adrian.

    • lesleyfurber

      hi Adrian, it would be a joint decision that the job was suitable, not just yours, I would suspect. And whether you could just choose one will depend if there are other people at risk of redundancy too, as you would all have to be treated equally fairly. Regards, Lesley, Workline

  • Cindy

    Position cut, offered transfer to another city with promotion, don’t wat to go, am I entitled to compensation?

    • lesleyfurber

      Hi Cindy, it’s going to depend partly how far away the new job is? If it’s too far then this would not make the new job a ‘suitable’ alternative job and you should be entitled to a redundancy payment. Regards, Lesley, Workline

  • Charlotte

    I am currently on sick leave (hysterectomy) and have been informed that my role is being restructured. The “new” job description covers everything that I do but it is now part time. They want to use the other 50% for a new post. I am happy to accept the former post but I’ve been told that I have to apply for it and there is no guarantee thatvI will get it.

    • lesleyfurber

      Hi Charlotte, thanks for your message. Can you confirm what your question(s) are – is it that the job is being cut into 50%, or that you have to apply for it, or that you could be made redundant? If you can clarify. Thanks, Lesley, Workline

      • Charlotte

        Thanks for replying. My main concern is that I am the only person in the company who is having job restructured and can’t work out why I have to apply and be interviewed for what is essentially my job. I have informed them that I am happy to accept the reduced hours. The other half of my job is bring downgraded and given to someone else.

        • lesleyfurber

          Hi Charlotte, if the job is essentially the same then I don’t see why you should need to be interviewed for it (especially as you are agreeing to have you job cut in half!), you should be offered the new job and they should consider if there are other jobs in your company that you could do. Are you the only person doing the current job that you do? As if there are more people doing exactly the same or a similar job then they should be included too. You should have a right of appeal against the redundancy so you might want to exercise that. Hope that helps. Regards, Lesley, Workline

  • Amanda

    My role got redundant end of July. Applied for the new role within the company in May; got selected mid July but still negotiating conditions. if the conditions are not favorable and I do not accept them, will I have the right for the redundancy? I have been on the permanent contract and in the company for the past 8 years.

    • lesleyfurber

      Hi Amanda, the conditions and status for the new job must be similar to your old job to be seen as a ‘suitable alternative’ job. If it is not a suitable alternative job then you can refuse it and you should still be eligible for redundancy. Hope that helps. Regards, Lesley, Workline

  • Calmer

    Hi I am up for redundancy and have been offend a job with more responsibility and higher title an the person who had that job is on almost double my salary. However, I have been offered it but no increase in salary. It’s great for the promotion of title but surely there can’t be a 45 percent variance from what he got paid to what they are offering me?

    • lesleyfurber

      Hi Calmer, thanks for your message. Your Employer does not have to offer you the same salary as the previous person. You should ask them of course for more money, to reflect the bigger responsibilities, but they may just say no you need training/learning time. If they do you should ask them to review your salary within a few months in the new job. Hope that helps. Regards, Lesley, Workline

  • Arthur_2Sheds_Jackson

    Hi,
    After 23 years working with the same catering company (Tuped many times)
    The company has told me and other staff that our jobs have become redundant.
    They have said i can APPLY for the new position but with less pay.
    If I don’t apply can I still get redundancy
    If i do apply but don’t get the job do I still get redundancy
    Thanks In advance

    • lesleyfurber

      HI Arthur, if the new job is not seen as a ‘suitable’ alternative (the fact that it is less pay would make it unlikely to be ‘suitable) then if you do not apply for it, or you apply for it and don’t get it, you should still be entitled to redundancy pay. Regards, Lesley, Workline

  • I feel depressed and done for

    Hello, I am 2 weeks into my consutation period, my employer has another job in business support but in a different department. I dont know enough about this department to accept and will probably just want to take my redundancy, i also have family issues at the moment and do not feel confident enough to begin a new job. where do I stand? what is resonable for me to decline this job?

    • lesleyfurber

      Hi, thanks for your message. You need to tell your Employer your reasons for not wanting the alternative job. If it’s not exactly a ‘suitable’ alternative then you would have a right to a 4 week statutory trial period anyway (see details above) and if this trial period didn’t work out then you could leave the job and take redundancy. If the job is ‘suitable’ then your Employer will need to judge whether your reasons for turning it down are reasonable or not, so whether you are still eligible for redundancy pay. Good luck. Regards, Lesley, Workline

  • Confused

    Hi, after a re-org within my department management have identified my post is at risk and it does not exist in the structure going forward. They have stated that voluntary severance will be an option for those in this position. I’m just very worried at the moment about making a decision as I am 7 months pregnant and in a few weeks about to go off on maternity leave. I’ve had an idea to change career completely but then I am worried if I am doing the right thing. Stay and fight for a suitable role in a different department or
    Just take voluntary redundancy. I feel backed into a corner making this decision. Can I ask them to
    Hold off with sorting my case out until after maternity? Or do I have to deal with this now and decide my fate? Thanks

    • lesleyfurber

      Hi Confused, you can certainly ask them for my time to make a decision but it’s very unlikely they could wait until your return from maternity leave (obviously I don’t know the timescale for their restructuring plans). Ask them if you can have a bit more time and see what they say. Good luck with your decision. Regards, Lesley, Workline

  • Chip

    Hello, my company are trying to force me to work 50 miles away. They say my Branch isn’t working and want to swap me with the manager at the Branch 50 miles away. He is happy to do it as he lives half way between the two Branches, and his job isn’t being threatened. My Branch has hit our budget 6 out of 7 times this year and things seemed fine.
    The general Manager took over 2 years ago and instantly disliked me. He would always have a dig at the shop and saying things aren’t right. But he could never say what was wrong.
    Now he wants me to swap Branches for 10-12 weeks or longer if my Branch gets better? and do a 120 mile round trip. It takes 1.5 hours up the M6 to get there on a good run. So I’m using 3 hours a day of my time as I’m only 10 mins away from my current Branch.
    At the first meeting he said I wasn’t getting any allowances to go up there and I should take it as I can train there? I asked who is training me as I’m going as the Branch Manager? He couldn’t answer that also.
    In the mean time, one of my staff wanted an informal chat with our director as she felt victimised too. He talked to us both and he said the company couldn’t make me go up there and she witnessed that comment, but they would like me too and then left it in the hands of the General Manager when he returned to sort out.
    My next meeting with him he stated he has got me £15 a day to travel there. I said I’ll think about it. I asked about getting my travelling time back as the overall time in travel will be 157 hours over that period. He said he will ask the part time guy up there to cover an afternoon a week to compensate. I said if you sort that then I’ll go. He has now gone away on holiday and not given me any answers. I am supposed to start next week. So I phone the part time guy up there and ask him if he has been asked to cover an afternoon each week for me whilst I’m there. He said he hadn’t been approached by anyone asking him to cover. I have emailed my General Manager to say that £15 a day doesn’t cover my fuel costs nor does it come any where near of coving my personal time lost. He replied with a angry email saying we had a verbal agreement and I have to go. He said I need to reply to his mail by 2pm so he can get cover. I emailed back stating I am declining the offer and I want to stay in my Branch and want a meeting on Tuesday to sort these issues. He has yet to reply! But in one of our meetings I did ask if I said no, I’m not going, what would happen? He said that would be a problem for the Directors. Can they sack me or may me redundant for not going?
    I’m dreading going in Tuesday..
    Thanks in advance.

    • lesleyfurber

      Hi Chip, I’m going to reply by e-mail. Regards, Lesley, Workline

  • David L

    Hi. I worked at a company initially freelancing for them for a year. They then took me on full time but after a year I have now been made redundant for the roll. When registering my interest at an agency today I was told that the same company are now advertising for my role again but as freelance. I am guessing they are just doing this to cover themselves until they find somebody to fill the full time position (which is a slightly different role to what I was doing) but the freelance position is actually exactly the same. Is this common/legal? Thanks.

    • lesleyfurber

      Hi David, if they are looking to fill the exact same role as you were doing on a freelance basis, it’s going to depend if they have indicated how long they want the position for. If it’s long-term then you might have a claim for unfair dismissal based on the fact your redundancy was not genuine. Obviously that might be difficult to prove. It can be quite common for this to happen, but only for a short period while they fill the new position. Hope that helps. Regards, Lesley, Workline

  • Steve

    Hello,

    Company told us they were going to move office to another city initially temporarily and then later to confirm if the new location would be become permanent. However, they said that we could, if we wanted to, try out the new location for few weeks and if unhappy you can be considered for redundancy. I have now tried it out for 3 weeks and the company have confirmed that the new location will be permanent. So I would rather take redundancy. My question is about the redundancy notice, which in my case will work out 9 weeks. Do I have to work the 9 weeks as part of my notice or can I be paid in lieu of the notice? Is this something I can ask for as I would like to leave earlier. Also, if I have to work through my notice period, shouldn’t that technically be at the previous location the company moved away from?

    • lesleyfurber

      Hi Steve, thanks for your message. Did they tell you this in writing (i.e. try out for up to 6 months and still be considered for redundancy)? If they’ve told you this then they should uphold this as it will supercede the statutory right to a trial period. You can certainly ask to be paid in lieu of notice, but your employer will need to agree to this. Good luck. Regards, Lesley, Workline

      • Steve

        Yes, in writing. If they don’t pay in lieu of the notice, does that mean I have got to work my notice period? If so, how can I do this when we have already moved office and I have declined the new location? Can I be made to work from home? Or could they argue that there is a clause in my contract that allows them to change my work location temporarily and use this for the purposes of working my notice in the new location? Ideally, I would like to be paid in lieu of my notice but I understand that they don’t have to do this.

        • lesleyfurber

          Hi Steve, yes if they don’t pay you in lieu of notice then you would have to work the notice period and you would have to agree with them where you did this work – they may or may not want you to work at home of course and the clause in your contract would probably cover this temporary period. Regards, Lesley, Workline

  • sam

    hi offered redudnacy or another position but the position is at a much lower salary is this right

    • lesleyfurber

      Hi Sam, no that doesn’t sound like it would be a ‘suitable’ alternative. Have they offered you the job on a 4 week trial basis? Regards, Lesley, Workline

      • sam

        yes but a significant drop in salary

        • lesleyfurber

          It’s going to be up to you whether you agree to take this job or not. If you do not, you should still be eligible for redundancy pay. Regards, Lesley, Workline

  • Zara

    My role is being made redundant and we start consultation next week. I have applied for voluntary redundancy as I do not believe the proposal being put forward is sensible/practical and I think the workplace will be a horrible place to be following the restructuring (not enough support, overworked etc). However, it is very clear that I am expected to take on a different role which, generically, appears to be suitable given that I am a qualified accountant, but which actually requires me to carry out duties that I have little familiarity with as they are not my area of expertise and I qualified so many years ago I have forgotten more than I now remember! Furthermore, my new line manager is, in my opinion, significantly less qualified/experienced than myself (and even less likely to be able to perform the role than I am). Do I potentially have any grounds to say that this is not a suitable alternative? I really want to leave but I need the redundancy pay! Thanks

    • lesleyfurber

      Hi Zara, thanks for your message. You can certainly try to say this is that is what you believe – explain to them your reasons for not believing it suitable and you should have a right to state a grievance if they do not agree with you. As you will be aware I’m sure, the problem with applying for voluntary redundancy is that it can be refused. Good luck with this. Regards, Lesley, Workline

  • Tony

    Hello,
    I have just been told by my company that after working 5 yrs on the nightshift the position has now been made redundant.
    They have found me alternative employment within the company but on a dayshift. They have also said that by moving to the dayshift I will lose my shift premium from 30% to 15%.
    This is quite alot and my question is if this is regarded as suitable alternative employment as in the decrease in shift allowance and going from a nightshift to a dayshift.
    Thanks in advance.
    Tony

    • lesleyfurber

      Hi Tony, thanks for your message. I have to say I honestly don’t know whether this would be seen as suitable or not. If it’s exactly the same job (ignoring the change of hours and shift premium) then I would be inclined to say it would be suitable. However, because of the changes to your hours and premium, are they offering you this on a statutory trial period? Are you able to discuss this with them and see if they would do this; you could use the argument that if affects your personal situation (see above article)? Good luck. Regards, Lesley, Workline

  • sheena

    Hi my emloyer closed her shop 8 july and is relocating the new shop wont open for another 2 weeks but i havent had any pay from 8 july .do i have any rights as far ws my wages are concerned

  • Zara

    Lesley – Thanks for your response. One further question if I may? Given that the consultation process is ongoing is it reasonable for our employer to already be asking certain people to hand over their role to someone else?! This seems wrong on two levels. Firstly, surely the entire role should not be handed over given that the role is seemingly redundant? Secondly, given that the process is ongoing surely there should not be an assumption that these people will be leaving? Thanks again. Zara.

    • lesleyfurber

      Hi Zara, unless it has been confirmed who is to be made redundant or has had their voluntary redundancy application accepted then I would say no this is not reasonable. If an entire role is being handed over to one other person then you would have to assume they can do that alongside their current role? If it is to several people that would make more sense. Regards, Lesley, Workline

  • John

    Hi, my office is closing and all the staff have been told there are at risk of redunancy. I have been offered a position 55 miles away, 1.5 hours each way, which is a demotion with a pay cut. They will not pay my travel costs of £80 a week. They have offered to extend my trial period to 6months to take the redunancy. Fours years ago another office closed and they transferred several staff to a different office, they were given travel expenses, can I use this to claim my travel costs.
    Thanks John

    • lesleyfurber

      Hi John, thanks for your message. Do you mean, because they paid the travel costs for other staff before, you could use this? You can certainly try this yes. Make sure you have everything in writing from them (the extension of the trail period etc). Good luck. Lesley, Workline

  • Dianne

    Hi, can you advise me on my rights if my company put me on secondment to another office to initially do a project , which also involved working with a gentleman who wanted to take early retirement . Whilst doing this they said my original position had become redundant (this is not true as it is being done by someone else) they now want me to apply for this new role which I have been doing but surely I should not have to apply as I have been doing the job therefore it should be offered as redeployment ? Also they have said this position is at a substantially lower rate than I am currently earning and lower than the gentleman whose job it was.

    Thanks

    Dianne

    • lesleyfurber

      Hi Dianne, if the job is at a lower rate than your current salary then it will not normally be seen as ‘suitable’ alternative employment for you. Maybe that is why they are not just offering it to you? Regards, Lesley, Workline

  • Debbie68

    Hi, the company I work for announced this week that 3 jobs from our office were being transferred to our other depot approximately 2 hours drive away,they said they would offer us the positions first before they advertised externally. They also announced they would be increasing the hours we work in a day from 35-40 which makes it even more difficult for travelling and especially as I have a family at home! We can only presume if we don’t accept then there is no job! The job role will be exactly as the same a the one I’m doing now except in a different office miles away , and the office I’m at now will still be operating as normal, there has been no explanation why we have to travel further to work. Can you advise me what our rights are?
    Thank you

    • lesleyfurber

      Hi Debbie, have they actually said you are in a redundancy situation – i.e. you will be made redundant if you don’t take the jobs? The distance in travel is unlikely to make these jobs a reasonable alternative. If they have not said you will be made redundant, and don’t, and you basically lose your job then you will have been dismissed, and probably unfairly, so you could take a case to an Employment Tribunal for unfair dismissal. Regards, Lesley, Workline

  • Ian

    Hi, the company I work for put our team in consultation four months ago and have just recently transferred our work (in Sunderland) to another site (in Hull) and transferred work from a team recently made redundant in London to us. The positions were never offered to us, nor were we provided with a job description to determine whether they are suitable (which I have asked for repeatedly). I have been doing the new job for two weeks now and find the role unsuitable. The pay and hours are the same. (1) Should I have been offered this job and not just forced to do it? (2) Was I given sufficient time to consider the position (3) If so, is this a breach of contract? Cheers.

    • lesleyfurber

      Hi Ian, thanks for your message, this all sounds a bit complicated! Were you put under consultation for redundancy or a restructuring? It sounds a bit messy as they should have given you the opportunity to comment if the jobs were suitable or not. I presume they haven’t give you a trial period in the new job? I’m not sure this would be a breach of contract, it would depend on a lot of variables. Have they offered you training in the new job? Regards, Lesley, Workline

      • Ian

        Thanks for your reply. We were originally told we would be made redundant, however they changed this to restructuring in August. There has been no acknowledgement of a trial period. In terms of training I have received no formal training, only two hours to cover basics of new role (realistically additional training is unlikely as we are under-staffed and the team in London are leaving this month).

        • lesleyfurber

          Hi Ian, if you can, you need to speak to someone about the situation and the fact that you are uncomfortable in the new job – as this is something you should already have had the chance to do. Regards, Lesley, Workline

  • Georgia

    Hi, I have recently been TUPEd to a new company and found out after the TUPE date (during a conference call with other people in my situation) that my job is under review and I am possibly going to be made redundant. The reason I only found out after the TUPE is because I never received the letter they allegedly sent out. I also discovered that my previous employer knew this review was going ahead before the transfer and didn’t tell us either. Is this against the law and can I make a claim should I be made redundant? Thanks

  • Andy Pitt

    I have recently been made redundant, my company did offer me alternative employment, but the terms were not what I wanted. The told me that there would be NO vehicle for me to use to travel to and from work. I have recently found out that they has back tracked on this and have let all employees that have stayed with the company use of company vans to travel to and fro work. Have they broke any law, and could they be taken to court for breach of consultation document wording.
    Regards Andy

    • lesleyfurber

      hi Andy, thanks for your message. I’m not sure they have broken any laws here, how long is the time since you were made redundant and they made this change? That will be significant as over time an Employer can make legitimate changes. The only possible claim you may have is unfair dismissal due to redundancy, it might be worth talking this through with ACAS. Regards and good luck. Lesley, Workline

  • Minal

    Hi,

    I am currently on maternity leave and my company have made me redundant. They have restructured the team and therefore my role is redistributed within the team. They have offered me other role in the same department which is of junior level to my existing role and also the pay is less by more than 15% than my exiting pay.

    Would this role be considered a suitable alternative role and if I refuse it would I lose all my rights to claim.

    • lesleyfurber

      Hi Minal, thanks for your message. It doesn’t sound like the role would be suitable, if it is of less status and less pay. Therefore if you refuse this role you should be entitled to a redundancy payment. Hope that helps. Regards, Lesley, Workline

  • Dave

    i am in employemt for the last ten yrs with same employer. They are making me redundant in 2 weeks, I am based in Birmingham with use of company car, they have offered me a position in Milton Keynes or northampton with no company car or travel expenses. i beleive this is unreasonable. do you agree?

    • lesleyfurber

      Hi Dave, thanks for your message. Without checking how far Birmingham is from the other 2 places, it does sound to me that the jobs might not be ‘suitable’ as you are likely to incur travel costs? Regards, Lesley, Workline

  • Dave

    i am in employemt for the last ten yrs with same employer. They are making me redundant in 2 weeks, I am based in Birmingham with use of company car, they have offered me a position in Milton Keynes or northampton with no company car or travel expenses. i beleive this is unreasonable. do you agree?

  • Lee

    Hello,
    I have been employed for 2 years with a large company, I have just been told that I am being made redundant or move to another location for less pay and less hours and within 3 weeks. Are they allowed to do this? The other location will be a 40 mile round trip daily which I can’t afford. I can’t face being made redundant again.. please could someone offer me some advice.

    • lesleyfurber

      Hi Lee, thanks for your message. The other job doesn’t sound suitable, no, so you should be eligible for redundancy if you refuse it. However, if you wanted to take the job you could choose to, but you may need to accept the lesser pay etc. Regards, Lesley, Workline

    • Lee

      Hello Lesley,
      Thankyou for you insight and prompt response.
      Much appreciated
      Lee

  • Neil

    Hi, worked at the same company for 8 and a half years now and commute by bike (cycle) as I live 15 mins away, found out our branch is to shut in 90 days, I’m a type one diabetic and believe that roles will be offered at other branches within a 60 min radius. (Not all roles the same as we have now) i do not have a drivers licence as I’ve never needed it but also down to the fact I became type one nearly 4 years ago and my confidence if shot to bits and the fact that I suffer from some quite nasty hypo incidents kinda puts me off driving anyway, slightly concerned that if I refuse to relocate that I’m not going to be given a redundancy package… Any ideas what I should do? I don’t want to get drawn into a parting of ways with lots of bad blood, I just feel that moving over an hour away may have some effect on an issue which causes me some problems already. Many thanks for taking the time to read this message!

    • lesleyfurber

      Hi Neil, thanks for your message. You will need to tell your Employer about your diabetes (if they don’t already know) and lack of driving licence as this would be a factor in deciding whether another role they offer you is suitable or not; as your personal circusmtances should be taken into account. If no job is found for you that is suitable you should be eligible for redundancy. Hope that helps. Regards, Lesley, Workline

      • Neil

        Hi Lesley, many thanks for the reply, they do know about my diabetes and also the fact I have no licence. The rumour mill is going mad at the minute and the rumours are saying that if they offer us/me a different role within the same company at a different rate of pay (near £3.50 less an hour) and we refuse that we will forfeit our redundancy payment, surely this isn’t a reasonable offer? Regards

        • lesleyfurber

          Hi Neil, no that would not be a reasonable ‘suitable’ alternative. Regards, Lesley, Workline

  • Anna

    Hi there, I work for a large company which is planning to carry out a phased shut down of the particular business that I work for some time next year and making almost everyone redundant. However as there are other businesses within the overall company there will be redeployment opportunities for some. I’m currently pregnant but not due to go on maternity leave until next year. My job is unique and I have been in my current role for 2 years. It doesn’t exist elsewhere in the Company. Previous to this role I worked for another function within the same business which may well have redeployment vacancies but I do not want to return from maternity leave and go back into that line of work for several reasons. Would I be obliged to consider a job offer matching my previous role of over 2 years ago, and if I declined would I lose my redundancy entitlement? The location would be very similar as would the grade and pay.

    • lesleyfurber

      Hi Anna, thanks for your message. If the ‘previous’ job is one that you are still able to do and has the same grade/pay then it is possible this would be seen as a ‘suitable’ alternative job for you, or one that you could try on a statutory trial period. It’s really going to depend on how similar the Company views the job – if they view it as suitable and you decline it then you would be in danger of losing your redundancy entitlement, yes. Hope that helps. Regards, Lesley, Workline

  • Nicola

    Hi there, my role is being made redundant alongside one of my colleagues, our company have two alternative roles but they are advising that we have to apply for these roles and be interviewed and may not be successful. My colleague has now opted for redundancy, I believe both roles to be very similar to my current role therefore should I not just be offered either role rather than having to go through an interview process with no guarantee that I will be offered either job? I have worked for the company for 10 years.

    • lesleyfurber

      Hi Nicola, thanks for your message. The answer to this is really going to depend on if there are other redundancies taking place (besides you and your colleague) in the business, and so as to whether there are other people at risk of redundancy too. If there are, this could explain why you need to be interviewed for the roles. Hope that helps. Regards, Lesley, Workline

      • Nicola

        Hi Lesley many thanks for your reply, in answer to your question, I am now the only one that will be in this position of the two alternative roles or redundancy. To my knowledge there are no other redundancies planned other than my colleague and myself and even if there are, the other parts of the business are very different to what we do therefore the two alternatives roles really would not be suitable for other colleagues to apply for I believe.

        • lesleyfurber

          Hi Nicola, I think the best thing would be to ask them why you need to be interviewed and see what they say – maybe they want to make sure they get best ‘fit’ for you in the roles (if the two new roles are very different). Regards, Lesley, Workline

  • Tom Perry

    Hello,
    I have been offered a ‘similar’ job at my company for the same wage i was on previously yet more hours to be worked. This to me is a pay-cut so i have been contesting this for some time. I never saw or signed a contract for the ‘similar’ role or been given any formal recognition of a start date. I have already sourced another job and had informed my line manager that i wished to work my notice while HR sorted out redundancy meetings. I have heard nothing from HR despite several emails to them which were never answered. I leave the company tomorrow as my notice has been served. Can you help me with where i stand on this matter?

    Kind Regards,
    Perry

    • lesleyfurber

      Hi, thanks for your message. As I presume you will not be leaving with redundancy pay (?) if you wanted to, it may be worth pursuing a case for redundancy entitlement at Employment Tribunal – you probably have nothing to lose now. It might be worth calling Acas and talking to them about whether you would have a case. Good luck. Regards, Lesley, Workline

  • brian

    hello, i was working for a company and they wanted to make 25 colleague redundant, so i volunteer(voluntary redundant). The same company looking workers now, can I apply for position? Do I need give back the company any portion of voluntary redundant pay? Do it have any scale for me to go back working for the company in the same position? It been 8 months now since i took voluntary redundancy.Can you help me with this matter? Thanks for taken time to read this.

    • lesleyfurber

      Hi Brian, thanks for your message. This is going to depend entirely what the company’s policy is about re-employing people who have taken redundancy recently. Some companies won’t, some companies will after a certain time period has elapsed. I would ask them what their policy is, so you know whether they will let you apply or not. Regards, Lesley, Workline

  • Chris

    I am currently employed on a permanent contract as a Contracts Manager and have been signed of with Depression due to the stress put on me by my company to make a profit. I have returned to work after 4 weeks and have been told that the company has no work as a Contracts Manager, of which is a lie as I know the company has plenty of work. I have been offered a role as a H&S Advisor on £ 6k less a year of which I want to know what notice does my company have to give me to change my contract if I except. Up until 3 months ago I was making good money for the company but now fill that I am not being treated as I should.
    Is there anyone who can give me some advice on moving forward and where I stand.

  • Emily

    Hi, I’ve been working for 6 years in the same place,it was sold 2 years ago and I kept my job, it’s about to be sold again to a really big company, can this new company make me leave?

  • Philip Taylor

    Hello, I have been working for the same company for over 5 years. I originally joined with a job description that was unrealistic and unworkable and after a couple of months it was agreed that my job description should cover other duties but that I would keep the same title and salary. I have been doing this role for 5 years and although I never signed a new contract I am led to believe that an implied contract (enforceable in law) exists as I accepted the “new” terms by continuing to perform them. Recently I have been informed that my position is to be made redundant. But the role they are stating is the old job description which no longer exists. Apparently my manager never updated the change in my status with head office. I should also add that the duties I perform now will continue exactly as before and that I am the only person in my branch facing redundancy. I am also the oldest and highest paid of the team and feel I am being singled out. Can they do this?

    • lesleyfurber

      Hi Philip, thanks for your message. I would agree that from what you have described your job description has become ‘implied’. So, no, they cannot make you redundant from a job that you are not doing. If you can get anywhere at a local level are you able to talk to some at Head Office about this? Regards, Lesley, Workline

  • Jana

    Hi,
    I’m going through the consultation period of 30 day as my position is “at a hight ris”. I started a trial of 4 weeks on day 22 and before the end of trial period I advised them that this new job is not suitable for me. I was under the impresion that my old job is still there and I would go back to finish remaining 9 days of consultation period. Now I was told that my old position does not exist anymore and I have to work during the 4 weeks notice at the new position. It seems that they made my position redundant on the day 22 . Can they do it?

    • lesleyfurber

      Hi Jana, thanks for your message. It’s an unusual situation and I think they should have explained this better to you. I presume they did not tell you your job had been confirmed as redundant before you told them that you were unhappy with the new ‘trial’ job? Consultation should be completed before any redundancy notices are issued, I’m not sure if you’ve had your redundancy notice yet?. But, generally, trial periods start immediately after your previous job has ended so it sounds like their communication has been poor but they may not have done much wrong besides that. Hope that helps. Regards, Lesley, Workline

  • Andrew M Wells

    Hello,I’ve been employed with my company for 16 years but was told today in a short discussion that my position will be defunct as of January 2nd 2014.My manager informed me that a position is available at an alternative location at Heathrow in West London.I currently live in Hertfordshire and i am the sole employee contracted to another company in Luton,Bedfordshire.What is the current statute on being offered a position beyond my current location ? Is there a certain mileage an employer has to consider as ‘reasonable’ for such a scenario ? I neither have a driving licence or the funds for costly commuting.Any advice would be extremely helpful.

    • lesleyfurber

      Hi Andrew, thanks for your message. There is nothing specific on the amount of mileage or other expenses set down, as it depends on all the details of each situation – but it should be ‘reasonable’ that in your circumstances you could get to this location. Are they saying they think this position is a ‘suitable’ alternative? How far away it is from your current location/home, how convenient the journey is and whether they are offering expenses to cover your additional costs, all go towards deciding if the job is ‘suitable’ or not. Hope that helps. Regards, Lesley, Workline

      • Andrew M Wells

        The discussion i had was relatively focused on myself being transferred to Heathrow as the only viable solution.That being said the distance from my home to Heathrow is approximately 40+ miles.It would mean taking a direct route via coach at a cost of around £48.00 per day for a round trip or train plus tube at around £64.Either route would mean a total travelling time per day of around 4 hours early morning and late evening as the shift times would possibly be 7am-7pm and 7pm-7am monday through thursday.Altho the pay per hour is slightly higher there is no extra expenses to cover the monthly travelling costs of around £768-£1009.My current travelling costs per month stand at £220.Regards Andy

        • lesleyfurber

          Hi Andy, I don’t think anyone could regard those additional travelling expenses as reasonable. To make this job suitable your Employer would need to compensate you in some way for the additional expenses or make you redundant. Regards, Lesley, Workline

          • Andrew M Wells

            Advice much appreciated.I may get back to you with any further developments.Regards Andy

  • Wayne Reed

    Hello,

    I have been with my company for seven years
    now but have now been told that our services are no longer needed and so
    will be redundant very shortly. I have just been notified that I have
    been offered an alternative role in the department. I do have
    interviews for external jobs coming up and hoping to leave my current
    company as I have not been happy with the way they have handled this
    matter. If I was to accept the 4 week trial period, can I still leave at
    the end of it and take my redundancy? I am not clear on what are
    reasonable reasons for me to say that I do not wish to carry on in the ‘alternative’ role. Would the reasoning affect my redundancy entitlement?

    • lesleyfurber

      Hi Wayne, thanks for your message. You can only refuse the alternative role if you can demonstrate it is not suitable for you as a job, because of it’s terms and conditions or because of the effect on your personal circumstances. It would not be ‘reasonable’ to not accept the job because you want to leave the company per se. If the company believed the job was reasonable and believed your reasons for not accepting it were not reasonable, then yes this could affect your redundancy payment. You need to consider why the alternative job would not be suitable for your and explain this to your employer. Regards, Lesley, Workline

  • Louise Stewart

    Hi I keep in touch with all my ex collegues from my previous employer and christmas eve eve they were all told to go into work even though they had finished until 6th Jan. When they got into work everyone in the whole business were given a letter saying they had all been made redundant with immediate effect and issued them with an address of someone dealing with this, and their P45. There had not been any consultation on this matter at all so completely out of the blue. Also a suprise as there was plenty of work already in for new year.Now some of them have been employed by him for 10 -15 years. He has contacted them all new year eve eve to tell them to go into work on 6th Jan to get their jobs back. Why would he do this ? I know hes collapsed a few companies already owing monies to many suppliers and even the tax man. What do they stand to loose and should they be warey of this decision , I wouldn’t trust this man with being fair, and my fear is they will loose their redundancy money and if signing new contract their years of service.

    • lesleyfurber

      Hi Louise, thanks for your message. Yes, this all sounds exceedingly dodgy. If he is making them redundant then they are entitled to a redundancy payment at least (if they have enough service). If he has ongoing work for them then this is not a genuine redundancy. I’m sure, as you said, he will be issuing them with a new contract with new terms and conditions and a new start date. I know they will all want to keep their jobs but they have an option of taking a case to an employment tribunal for unfair dismissal (redundancy is a dismissal but it has to be handled properly to be a fair dismissal). I would advise them all to contact Acas, perhaps when they’ve returned to work and see what he is saying then, what he is offering them. Regards, Lesley, Workline

  • Izzy

    Hi,My company made my role redundant in all their branches they had due to its restructuring. The company as whole followed the legal procedures to some extent but my branch manager made the whole process really difficult for me. From restricting me to going for interviews to indirectly making it impossible for me to get to my interview on time and checking up on me by ringing other branches where my interview was booked, scooping through my emails and so on. I had so many interviews booked within the company but only few was attended and those attended was ruined through my manager intervening. The number one reason hes keeping me is because am being very underpaid for the role, but his excuse was because we were short staffed, and he’s always forgetting to mention that On top of over working my self, going the extra miles to get my job done with constant strict ‘last minute notice’ deadline, he delegates majority of his work for me to complete. During this process another alternative role arised at my branch of which I was asked to decide within the weekend whether or not I would accept with same salary. I accepted the offer verbally and after 2 weeks of constantly requesting it to be put into writing, My branch manager handed me a redeployment letter to sign from the Company Director stating  I was subjected to a trial/training lasting 4 week giving both parties to decide if I am suitable. It is now the 8th weeks since I signed the letter. I have been doing ALL tasks from my original role, part of my managers role and part of the new role with no training as my managing thinks theres is no rush. My current has not been confirmed either verbally nor in writing. It is very frustrating and stressful because with same salary my work has only more than trippled. The last time I asked him, he was waiting for a trainer til january. He is also fond of threatening me verbally and publicly amongst my colleagues of loosing my job if I fail not to do (whats considered fraudulent) what he thinks its ok despite puting company procedures thats suppose to be followed in writing to me. We are also about to recruit someone new for role C which I and my other colleagues are expected to train. I do not know where I stand because he once told me our branch is over budget and cannot afford to give us a raise and cannot recruit another person, I either take role C which salary is higher than mine but which I ve no relevant experience or skills to perform. He can only afford 3 staffs Either 2 role C  and mine or 3 role C. However, he is suddenly able to afford 4 staffs for our department.Please suggests any ideas to outsmart my manager’s threat and tactics. I really do not want to leave my branch as I really get on with my colleagues and enjoy my job in general but its becoming very uncomfortable to work around him Also, with regards to my current redeployment issue, is it appropriate to put my request into writing or just wait, bearing in mind that the new role is subject to probationary period after the trial.Although I am also looking at applying to same vacant job at our other branch with the possibility of a raise which I desperately need but with the bad past experience, I would appreciate  a way I can go about successfully applying for it.Thank you very much for your ideas

    • lesleyfurber

      Hi Izzy, I’m going to reply to you by e-mail. Regards, Lesley, Workline

  • dave

    Hi My company has made me and my team redundant but now they are saying that they need a knowledge transfer of what we do we have 8weeks left is this correct as they have made us redundant. Regards Dave

    • lesleyfurber

      Hi Dave, thanks for your message. This is quite normal, as assuming your jobs still need to be done in some way (I assume they have restructured, so the work will go elsewhere, rather than stop completely?) then there would need to be a handover. Obviously if the jobs are going to be done in exactly the same way, by the same amount of people, etc as they are now that would bring into question whether they are genuine redundancies. Hope that helps. Regards, Lesley, Workline

      • dave

        Thanks for the reply
        They told us as the building is closing there is no longer a need for ongoing support but 100s of our users that we support are moving to other offices within the business and still need supporting now we have lots of other areas asking us for Knowledge about what we done and have other support areas sitting with us and asking question around the stuff we supported thanks again Dave

  • Tracey

    Dave
    My husband was told before Xmas that he had been selected for for redundancy. He was offered another position else where in the company. However he does not consider it a reasonable offer for the following reasons:
    The offer can not guarantee the wages he is on currently
    The postion will need him to travel approx an extra 375 miles per week
    They have offered a car and travel expenses but 4 people will share the car over 2 different shifts days & nights. They are drivers so can not guarantee they will all finish at the same time. Also if one shift is late finishing then it will have a knock on effect to the other shift but they will still be expected to fulfill their contracted hours. So if each shift is late arriving back, which is quite possible, instead of working a shift that starts at 6am they could by the middle of the week be stating at 9 or 10am.
    Also the drivers live approx 20 miles from each other.
    This was not in the letter but it was mentioned in the meeting that 1 of the drivers may be required to change their shift pattern from days to nights. None of the drivers want to do this
    Despite being told that he had been selected for redundancy no figures have been given should he decide not to accept the alternative job offer. Should he try the job for 4 weeks or decline immediately
    I would appreciate any advice you may have.
    Many thanks

    • lesleyfurber

      Hi Tracey, thanks for your message. Have they offered this other job to him on a 4-week trial period (if they have, they are acknowledging there are differences)? It’s a difficult one but I would think it might be best for him to do the 4-week trial (if he can bear it!), so then he can very clearly demonstrate why the job is not reasonable for him. Good luck. Regards, Lesley, Workline

  • David

    I currently work for a PLC as a Regional Manager covering the East Anglian Region of the country, I live in Norwich. The company have decided to restructure my job by reducing from 18 to 10 the number of regional managers that do the job, this has meant that the regional areas covered in the new job have more than doubled in size, as well as the number of company outlets that I will be responsable for. I have now been through the reselection process and been offered basically the same roll but would now have to cover all of London and Kent all the way down to Southampton, as someone else has been offered my old east anglia region. As the job in all respects has doubled in size, plus the fact that on a daily basis I will have a minimum 2 hour drive just to reach the outskirts of London from Norwich, I feel that I should be entitled to ask for a substantial pay rise, and if they will not agree to that, refuse to accept the new roll, any advice please.

    • lesleyfurber

      Hi David, thanks for your message. During the restructuring process did they advise the new salary for the changed jobs, as that is something they should have done already (rather than you need to ask for a salary increase); and did they ask for volunteers to reduce the numbers? I’m just trying to understand the process. As it’s a new job as part of a restructuring that clearly has more responsibility I’m not sure it would been as ‘unsuitable’ on those counts. Regards, Lesley, Workline

      • David

        Hi Lesley, thanks for your response, in
        answer to your questions no mention has been made regarding salary at
        any stage during the redundancy process, neither did they ask for
        volunteers for redundancy.

        In fact we all had to go through the
        whole redundancy process of each having 3 consultation meetings with
        HR and senior management,ending in us all having to take online
        assessment tests in numerical reasoning and verbal reasoning!

        The process has now been completed and
        those unsuccessful have been informed and will receive their
        redundancy payment when leaving the business at the end of January,
        the new role commences on 1st February, I am assuming that
        those of us remaining should be offered new contracts with terms and
        conditions as well as salary agreed before the new role commences,
        but nothing has been said.

        I would be prepared to accept the new
        role which as I have said is double that of the original role, but,
        it would in my opinion, be grossly unfair, particularly for a multi
        million pound business to try and impose our original salary on us,
        even though they are now saving the cost of 8 staff they have
        disposed of, leaving us to cover these regions as well.

        • lesleyfurber

          Hi David, thanks for explaining the situation more. Basically, you need to ask them what the new salary is going to be, as this is something they must have considered. And then, obviously, your next steps will depend on what they say. Good luck. Regards, Lesley, Workline

  • Kelly

    Hi, I have been working for my company for 16.5 years. Recently, they informed myself and a colleague that one of us must relocate to another site 20 miles from where we currently work (which is already 20 miles from where I live). They have done so by relying on a mobility clause within my contract which only states “you may be requested to work at another site from time to time”. I already have back problems which limits my driving distance to the 20 miles I already travel. I have received a note from my doctor advising that I should not travel this excess distance which the company now have a copy of. I have been informed that one of us must relocate or we both have to apply for the one remaining job at our current location and one will be picked (presumably the other facing redundancy or loss of job?)
    Any advice please?

    • lesleyfurber

      Hi Kelly, if you cannot relocate then you must tell your Employer this. If there is only one job at your current place of work, and neither of you want to relocate, then yes it looks like there will be a redundancy situation. I would ask your Employer to be clearer about the process they will follow and the outcome of this process. Good luck, Lesley, Workline

  • Kirsty

    Hi there my partner has been offered to take voluntary redundancy or reapply for the job he already does. Today he has handed in his voluntary redundancy letter as the job is to far away as we moved and have a baby on the way. When do the company have to let him no he has been accepted!!! Thanks Kirsty

    • lesleyfurber

      Hi Kirsty, thanks for your message. The company should give him a timescale (or a rough idea) when they let him know if his application for voluntary redundancy is going to be accepted or not. It may take some time for the company to make these decisions, obviously it depends on how many people are involved etc. Good luck. Lesley, Workline

  • claire

    My partner is being made redundant on 31st January by his employers he had to apply for jobs him self with in the company but different side, and is waiting on interview, the closing date for one of the jobs is the 30th January so he be out off work before knowing if he got the job or not…we worried that we be behind on rent and bills as they told him he have to pay the redundancy back but I read he dont have to he would just start at zero and need to work thee for 2years….

    • lesleyfurber

      Hi Claire, thanks for your message. If I have understood this properly, you are asking that if he got another job with the same company whether he would have to pay the redundancy payment back?
      Most companies will not allow employee to leave on redundancy grounds and then come back immediately (as it may not be seen as a genuine redundancy). I’m not sure about asking him to pay the redundancy pay back, but it is more likely they would ask him to have a break in service of at least a couple of months….. and then he would return and start at zero in terms of his length of service with them. Hope that helps. Regards, Lesley, Workline

  • Karen

    Hi, I wonder if you could help. I have just been told that my employer is reducing my hours by half to 20 hours a week. I will be completing the same amount of work and they also want to reduce my money to 20 hours. I cannot afford to do this as I need to work full time. Other colleagues have been offered redundancy pay but I have been refused. Is this legal? I have been employed by the company for 18 years. Please advise

    • lesleyfurber

      Hi Karen, thanks for your message. Has your Employer actually doing a redundancy programme where they are restructuring jobs, and have offered you this job as a ‘suitable alternative’. I can’t see how this change to your job could be seen as suitable. I would need more information from you to give you any other advice as the situation does sound very odd and wrong – you can e-mail me on workline@freelanceadvisor.co.uk
      Regards, Lesley, Workline

  • Denise phillips

    My employer has said that there is no alternative but to reduce my hours to one day a week. I dont know where I stand and obviously I will need to get another job. I have worked here for 11 years and I know that my employer is in a bad financial position – business has been very poor (it is a very small business) and they just cant afford to pay me 4 days a week any more. What should i do?

    • Denise phillips

      Well that’s what I wasn’t sure about, if I say no what happens then. The thing is I know they can’t afford to give me any redundancy money.

      • lesleyfurber

        Hi Denise, this is a redundancy situation, they cannot reduce your hours like this without it being one. I’m afraid in this situation your only practical options are likely to be that either you take a claim to an Employment Tribunal for an unfair dismissal, or you get another job. Good luck. Regards, Lesley, Workline

  • Katie

    Hi I am currently on maternity leave and have been told my position is at risk of redundancy. There are other vacancies available within my department at my grade and location however the roles do differ to mine. I am expected to apply and attend interviews for these, however I was wondering whether these should be considered as suitable alternative roles under the Regulations. My view is that if they want to interview me they must think based on my skills and experience that I am suitable to carry out the role. I would appreciate your thoughts on this.

    • lesleyfurber

      Hi Katie, thanks for your message. This is going to depend on how different the jobs are to your current one and if there are other people involved, so there is ‘competition’ for other roles. Good luck. Regards, Lesley, Workline

  • Christian

    I am currently employed as a regional service mananger at a national company my line manager as informed me that he is making my positoon redundant , along with the installation manager position eho as been off ill eith stress for 12 weeks. The company I work for is a national company and the stricture of both manangers is remaining in situ . Doe this have any relevance to redundancy no other management structure on other regions is changing

    • lesleyfurber

      Hi Christian, thanks for your message. Difficult for me to say really, as it depends whether your line manager has authority to make staff changes/restructuring or not. If it is a national company then you would expect them to be looking for redeployment opportunities for you elsewhere within the company. Good luck. Regards, Lesley, Workline

  • Tim

    Hi. Myself and c200 people were advised in June 13 that our roles would be no more in March 14 and my Employer would not be seeking alternative roles for us and would not stand in our way if we left through redundancy. We were given our formal notice on 5 Jan 14. 3 days later our Employer has said they have suitable alternative jobs available and that we may be slotted into one of these. Today I was told that they had indeed slotted me into a role which I do not want. Regardless of whether it may or may not be suitable, they told us that they would not be seeking alternatives for us. In the 7 months since, many of us have made plans which have involved cost only for our Employer to go back on their word. Can they do this? They have acknowledged they should not have told us all that we could leave.

    • lesleyfurber

      Hi Tim, if it was made very clear and public in June how they were going to approach this redundancy exercise then no I don’t think it’s fair of them to change their minds now. If a lot of you are affected then it might be easier to deal with this as a group to complain about the situation? Good luck. Regards, Lesley, Workline

  • simon

    Hi I was recently put at risk of redundancy were I have worked for 7 years. We were told that they were other jobs available which we had to apply for so I did and was luncky enough I was successful at one of my interviews and was offered a different role, can my employer put me on another 6 months probation period.

    • lesleyfurber

      Hi Simon, thanks for your message. There would be nothing wrong with a ‘probationary’ or trail period period as such, but, with as much service as you have the employer could not just end your employment if the probationary period was not successful. They need to tell you what the alternatives will be if the ‘probationary’ period is not successful; they look for another suitable job, they make you redundant etc. Hope that helps. Regards, Lesley, Workline

  • Claire Biggs

    Hi there – My department was closed in June 2013,where I work and I was deployed to another department – my contract has never been officially changed due to the company going through a merger- I am now struggling with this new role as it is slightly beyond my skills set – I have asked for support but still struggling and would like to know where I stand in terms of leaving – Could I still claim redundancy or is there another way
    TIA Claire, West Midlands

    • lesleyfurber

      Hi Claire, I think it’s very unlikely you could still claim redundancy, unless this was something you had agreed with them at the time you changed jobs. But it’s always worth asking, it might be something they would agree to. Good luck. Regards, Lesley, Workline

  • Duncan Drummond-Beswick

    Hi, it seems that I, along with 13 other drivers will lose our jobs in March this year. Although our work has been allocated to other depots already, no communication from our employers has been recieved yet. This is not unusual for this company. in the past they have made people redundant with immediate effect without consultation. However, my main worry is not being made redundant, but there is a rumour that we will be transferred to a nearby depot where the terms and conditions are hugely different. the main difference is that all their drivers have to stop out in the cab every other night and they have to work every other saturday. I feel that this working arrangement is not suitable for me as I live alone since my wifes death last year and I have a dog which would have to be rehomed in order to take this job if it were offered. Also I dont sleep well in trucks which is why I took my current job which doesnt involve sleeping out. Would this be grounds to refuse this job if it were offered?

    • lesleyfurber

      Hello Duncan, thanks for your message. Yes, you could certainly build a case based on your personal circumstances, that if this job was offered to you then you do not believe it is suitable. Obviously, whether your employer would accept this as reasonable grounds is not something that I could know. Good luck with this. Regards, Lesley, Workline

  • bea

    Hi I am in the final 2 weeks of redundancy notice period,our finish date is 1st March, if I accept a job with a new employer do I have to take an alternative role with my current employer if they offer me one in the next 2 weeks?

    • lesleyfurber

      Hi Bea, if your current Employer can prove an alternative role is suitable then yes they may require you to take it. If you are your notice period though, they may have said whether they would stop looking for alternative roles at this point? Regards, Lesley, Workline

  • malcolm burgess

    Hi, my employer has told me that my job role will cease to exist. However, they say that it is not a redundancy situation because they are offering me an alternative position. Although the new position will be based on the same salary it will be a lower pay grade and consequently my salary will be frozen for the foreseeable future and there will be much less opportunity for career progression. I do not want to take the new position but they tell me I have no choice. Can they do this legally?

    • lesleyfurber

      Hi Malcolm, thanks for your message. If your job ceases to exist then it is a redundancy situation. If they offer you a ‘suitable’ alternative role then it must have the same or similar terms and conditions. You’re obviously in a difficult situation, as if your Employer won’t budge on this then the only alternative you would have to staying on is to claim unfair dismissal and a redundancy payment at an Employment Tribunal, by proving they have dealt with this incorrectly and that the job wasn’t suitable. Good luck. Regards, Lesley, Workline

  • Teresa Dealey

    Hi, I’m currently on maternity leave, which I am due to return in the next couple of months, during this time the company I work for has gone through a restructure. When I discussed my return to work with my managers about returning on a part time basis as an administrator they told me that they would need to advise HR of my intentions, as the only role they have a available within admin is on a full time basis, however they have asked me if I would consider taking a role that is on the shop floor,even though I have stated to them that I wanted to carry on working in an office environment. can they do this?

  • Paul Ansell

    Hello, I have a problem and hope you can help me with it please. To cut a long story short, I went off work last March with work related stress, I was hoping the situation would resolve itself quickly but this has not happened. During this time, I began to apply for some internal vacancies in the company to get myself out of the situation I was in. My then manager asked to see my CV to see if he could help, I naively thought he would and gave him a copy. I had taken information off it that I did not feel was relevant, some of it being information on where and when I did my apprenticeship and gained my qualifications. Not a problem I thought, il put them back on. I then was asked to prove my qualifications, the ones I provided when I joined the organisation in 2006 and got my role as a aircraft electrician. Unfortunately I had misplaced them and began to try to find a way if getting duplicates. Before I could do this they demoted me saying I am not qualified for the job. We had it put in the minutes in one of the meetings that when I produce my qualifications I shall be reskilled, I was able to produce my qualifications in November, but they now say they are not sufficient. And will not re skill me, I have to return to work demoted. Can they do this? How can you employ a skilled electrician, train him and take him through all their own programmes then after 7 years decide actually you’re not qualified? Please help. Thanks. Paul

    • lesleyfurber

      Hi Paul, thanks for your message. An odd situation, have they told you exactly why the qualifications are not sufficient, and is this a standard that’s applied across the whole company? If they are genuinely not sufficient then yes they could demote you. But you need to get the Company to explain their decision and on what basis they have made this. If you’re not happy with their answer you could put in a grievance, as this does appear very inconsistent. Good luck. Regards, Lesley, Workline

  • Graham M

    Hi During a company re-org we had to apply for new roles similar to our current jobs but with different titles to fit the new job descriptions. We were told from day one this was not a headcount reduction and I was never informed to apply for roles or told I was at risk. I did apply for a role very similar to my current position only to be told I have been unsuccessful, there were no interviews for these new roles. Now basically I’m being told I have to accept a different role I don’t really want on similar terms or redundancy is an option. As they didn’t inform me I had to apply for a role can they do this?

    • lesleyfurber

      Hi Graham, thanks for your message. This sounds very confusing, if there were going to be redundancies then they should have made this clear. It might be appropriate for you at the moment to put in a grievance about the way you have been treated, so at least this gives them an indication of how unhappy you are about it. Good luck. Regards, Lesley, Workline

  • takethemike

    I am looking for advice on my options in my current employment.

    I have been employed for 12 years with the same employer, and I am a Regional Manager and a part of the company Senior Management Team (SMT), but I have been told that the role is not going to exist in our business in the near future. There were 3 of us remaining, one has jetted off to a new role overseas, and one was given a compromise agreement.

    My MD met with me, and said that he believes me to be an “asset” and that he wishes to retain me in the business, however, the role I currently perform will no longer exist- so it is not based on my performance. The role he has discussed as an option for me, is no longer part of the SMT and is a significant change in status, and is effectively a demotion, and although he has said that would not be for long (he said 18 months) before I would get an opportunity to get back into the SMT, it is something that cannot be guaranteed.

    • lesleyfurber

      Hi, thanks for your message. In a redundancy situation the Employer needs to offer you an ‘suitable’ alternative role. If they are not able to do this then you must be offered a redundancy payment. You can of course choose to take the new role if you want, but on the basis that you know the terms and conditions are less than you current role. Good luck. Regards, Lesley, Workline

  • Duncan Macdonald

    I have worked for my current employer for five years. Fees in our sector have been cut by 8.5 % and the management have informed us we will all be going through the redundancy consultation and are inviting us to re apply for our jobs but on a salary £10,000 less than my current salary. There does not appear to be a drop in work as I am snowed under. They are suggesting making one person redundant thus making us do the same amount of work or more but for much less money. They are suggesting a form of bonus scheme to make up for the loss in salary but the targets are virtually impossible to achieve. I do not wish to agree to the process as we went through this 18 months ago and all took salary reductions then. Is this fair and do I have any rights in this situation?

  • Benny

    Hello, I have been placed in redundancy and my previous role was transferred to an office 150 miles away. My employer has forced me to take another position with only 5 days notice. Can they do this? I thought the employer had to offer suitable alternative employment (1 months notice, with job description, training and trial). The role is in the same location and the pay is the same however the role differs. Do I have to accept it? Thank you.

    • lesleyfurber

      Hi Benny, if the job is not the same or similar to your previous job then you have a right to a Trial period, as described above. Good luck. Regards, Lesley, Workline

  • Jade smith

    Hi, I’ve have returned to work after my maternity leave and my old job as a manager was redundant so they offered me a admin role on a lot less money which I took but my circumstances have changed and it’s not financially for me to stay on the lower wage as I have now have to put my son in nursery as grandparents can no longer watch him, can I still get my redundancy? I’m in my second week back to work.

    • lesleyfurber

      Hi Jade, thanks for your message. This doesn’t sound like it was a ‘suitable’ alternative job that you had to accept and they should have given you a trial period in the new job to make sure it was suitable. Did you have anything confirmed in writing about the new job and if it was being offered on a trial period? Regards, Lesley, Workline

      • Jade smith

        Hi Lesley thanks for your reply I wasn’t offered a trial in the new job and I wasn’t aware that I was entitled to one so no I don’t have any paperwork to confirm this, where do I go from here? Kind regards Jade

        • lesleyfurber

          Hi Jade, you need to make it clear to them that they have not followed their redundancy procedure correctly; if there is no obvious way of doing this you might want to put in a grievance. Good luck. Regards, Lesley, Workline

  • Dean Smith

    Hi
    I have been told my job has been made redundant after 19 years but they have offered me 9 months maternity cover doing the same job. I feel I have been unfair chosen for redundancy as my job has not gone at all.

    • lesleyfurber

      Hi Dean, sorry for not replying earlier, I’ve only just seen your post. Are they cutting the total number of posts that do the same job? At that could be a legitimate need for redundancies if they need less people to do the same job. Good luck. Regards, Lesley, Workline

  • Iain McDowall

    Hi Lesley

    I’ve been advised my supervisory position is being may redundant at the end of April, but the company are creating a new position at a lower grade and lower salary. I’ve been told that I can apply for the new position as the work is basically the same as I currently handle although without the authority.
    Can you advise if the company will still have to pay any redundancy if I apply or will just accept in application and change my contract.

    Thanks
    Iain

    • lesleyfurber

      Hi Iain, thanks for your message. If you apply for the job and are successful then no you will not get redundancy pay as well. You either do not have a job so are due redundancy pay or you have a job. If the job is not a ‘suitable’ alternative then you do not have to apply for it and should get redundancy pay if there are no other suitable jobs. Good luck. Regards, Lesley, Workline

  • Sharon

    Hi Lesley,

    I’ve been given an alternative role with 2 months transition period for training with a 4 week trial period added onto the end. However, I have not received any training and I am nearly 1 month in, nor am I enjoying the work. Can I still claim redundancy status by asking to end the contract, and use the reasoning such as there has been no training provided so therefore the role is unsuitable?

    I really do not want to wait another 2 months for the trial period to end, but would like to take redundancy.

    Thanks,
    Sharon

    • lesleyfurber

      Hi Sharon, thanks for your message. Yes, you can end your trial period early. Good luck. Regards, Lesley, Workline

  • Iain McDowall

    Hi Lesley,
    Thanks for the clarification. I’ve applied for the new position, but have since realised that the lower salary will have a major impact on my finances and really cannot afford to say on in the new position.
    As this is a different position can I back out of my application as the job is not a suitable replacement and receive the redundancy offered?

    Rgds
    Iain

    • lesleyfurber

      Hi Iain, yes you should be able to do that, see if you can speak to them about it. Regards, Lesley, Workline

  • Denise Barlow

    Hi I have just been told the company I work for are proposing to remove my job role we can apply for a different job role but it is a lower pay scale can they pay me less money than what I already get

    • lesleyfurber

      Hi Denise, if this is a redundancy situation then you would need to agree to take the lower paid job. if there are no redundancies involved just a ‘restructuring’ of current jobs then your Employer can change your terms and conditions – but they must do this in the right way – more details are here http://www.freelanceadvisor.co.uk/go-freelance-guide/written-statements-and-contracts/
      Good luck. Regards, Lesley, Workline

  • margaret burton

    Mags!

  • Louise

    Hi, I’m looking for some advice please. My contract came to an end on 31st December last year but I’ve been on maternity leave since October. My employers have said they will look to redeploy me nearer the end of my maternity leave but I am concerned about the situation regarding terms and conditions. I currently work three days a week and couldn’t really cope with working more than that. If they offer me only a full time position but I decline it, would I still be entitled to redundancy pay?

    • lesleyfurber

      Hi Louise, thanks for your message. They would need to offer you similar terms and conditions you have now, so I wouldn’t say a full-time position would be ‘suitable’. Can you talk to them about your requirements and see if they are thinking the same thing? Good luck. Regards, Lesley, Workline

  • Louise

    Hi I am looking for some advice please. There was a restructure at my place of work 18 months and go. Our roles were made redundant and new roles created at a lower grade. There were two roles created but at the same grade and same level of qualifications required. Since the implementation of the new structure it has been clear that the roles are of the same level of as the redundant roles and the management have re-evaluated the roles and the one role has been graded to the previous grade but mine has been regarded to the lower grade. I have been asked today if I want to be considered for the other role but this would mean that they would need to pool us all again. I feel like I have been disadvantaged as I have been in the other role with lack of guidance and support and since the restructure was put into place they have recruited into the other role. Any advice would be gratefully received as I am struggling to understand how they can do this and what it will mean for me. Many thanks

    • lesleyfurber

      Hi Louise, thanks for your message. I’m not totally clear, they are not declaring redundancies again? But have just re-graded both jobs again and now they have different grades? I think they are doing the right thing asking you if you want to be considered for the higher graded role (as you were involved originally in the restructure). Obvious the decision whether you go for the higher graded role is up to you. If you do you could explain to them you feel at a slight disadvantage and explain why – but is there anything you could do in the mean time to get yourself more familiar with the higher graded role? Regards, Lesley, Workline

  • Janice

    Hello can you advise. After 9 years service my employer is closing my department and has offered me redeployment in a temporary role (12 month) at the same salary. At the end of which I may then be offered a permenant post or redundancy again. I am being told that my present contract of employment will stay inforce with additional information on the temporary role. Will I still then be entitled to full (9year) redundancy payment at the end of the temporary contact?

    • lesleyfurber

      Hi Janice, yes you would still be entitled to redundancy payment based on all your years service with the Employer. Regards, Lesley, Workline

  • John Simpson

    can your employer tell you he is moving your workplace to another town, close down your workshop, or rather tell you it is closing, you accept redundancy then your employer keeps your workplace open and staffs it with agency workers?

    • lesleyfurber

      Hi John, thanks for your message. Generally no they can’t do this, but it will depend on the time-scale involved in your leaving and the new agency workers arriving. If it was immediate then it wouldn’t be a legitimate redundancy; if there was a delay in time then this may be ok (based on the principles that business needs change over time). Regards, Lesley, Workline

  • David Trotter

    The company closing a factory are paying redundancy & asked all sub contracted staff must stay on to the closure of factory, then then the employers of sub contracted staff are told that they have apply for other jobs within sub contractors group or lose your redundancy, the factory owners are paying the redundancy the not the sub contractors?

  • Vicki

    Our company announced on Wednesday that they are restructuring. In our team of 10, 6 people have been put in consultation with options of the offer of a job doing the same work at a lower level, a redundancy package or to find a new role in the company. 3 people have been matched to a new role at the same level and are not in consultation. I have been matched to a role of the same level but have been put in consultation and at my first formal meeting was told my options are to take the new role as it is suitable alternative or if I didn’t take it it would be seen as resignation, there is no redundancy package available to me. I don’t understand why I am in consultation when the other 3 aren’t and why if I am being told my role is redundant there is no package? Grateful for any advice…thank you

    • lesleyfurber

      Hi Vicki, thanks for your message. This sounds a bit of a mess! Your employer needs to define a redundancy ‘pool’ if they are making redundancies out a team of people. If you are all doing the same job now then you should all be in that redundancy ‘pool’ so all ‘affected’ by the restructure. If the new role is a ‘suitable’ alternative for you (and has the same terms and conditions) then if you did not take the role then you would not be eligible for a redundancy payment in most circumstances. If it is not ‘suitable’ then you would be eligible for a redundancy payment. Hope that helps. Regards, Lesley, Workline

  • Nigel

    I have been put at risk of redundancy, but have been advised I can apply for another role. If I do apply, but am unsuccessful, am I still entitled to redundancy?

    • lesleyfurber

      Hi Nigel, yes if you are unsuccessful then you should be still be entitled to redundancy pay. Regards, Lesley, Workline

  • Jon

    I have about 7 months left of a 2.5 year fixed term contract. The company pays redundancy after 2 years. They are considering offering a 3 month extension to my current role. If I choose not to accept the extension (I believe it will be harder to get a job at that point in the year) and just let my current contract end will I still be entitled to redundancy?

    • lesleyfurber

      Hi Jon, thanks for your message. You won’t necessarily be entitled to redundancy at the end of the fixed term contract – it’s going to depend on the reason the contract is ending (the reason the job was on a fixed term basis in the first place). Good luck. Regards, Lesley, Workline

  • Ares77

    Hello everyone. My company is restructuring our Dpt and 7 out of 10 have been made at risk of redundancy. I was asked to apply for the same position made redundant in a different Dpt I used to work 1 year ago. Instead of offering this job straight-forward as i thought, I was asked to apply for it, even if i did this job before and reported to the same director who is in charge now! I have impression that if I apply they would ask me to make a new contract with different terms and conditions. Basically I think it’s just an excuse to pay me less and do the same job. Can they do that? If they paid me less, would i still be entitled to reject it and claim for a redundancy pk?

    Thanks

    Ares

    • lesleyfurber

      Hi Ares, thanks for your message. If they are considering other people for your previous job too, then they would ask you to apply, rather than just put you in the role (which they may be if 7 out of 10 people are affected).
      I’m afraid I can’t say whether 20k plus bonus/commission would be considered a suitable alternative as obviously I’m not aware of your commission structure etc. If the package was not similar to the one you are on now then it would not be suitable and you should be able be eligible for redundancy. Hope that helps. Regards, Lesley, Workline

  • Dan Ford

    I’m a the only graphic designer within a marketing department and have had the role of designer made redundant. They have offered me a new role which seems to be my old role but with elements of the other roles that were also made redundant added in. They are saying i have to accept the role or resign as they feel it is suitable. My argument is that if the role of designer is redundant surely that must mean there is no longer design work at this company and so there can’t be a suitable alternative role as i’m a designer and they have made the design role redundant or it ceases to exist. For me they are just using the design element as a way of shoe horning me into this role and arguably any of the others that were redundant at the same time could have done the same role.

    The new role is more a marketing executive role as it contains new elements like website updates and maintenance and analytics. Plus an element of UI of which i have no experience. I feel this new role limits me as a designer and forces me down another career path.

    Also a proper skills matrix hasn’t been carried out and originally the skills on the JD were wrong. This brings into question how they feel it is suitable if they haven’t done a skills matrix or desk assessment to decide if i have the skills. Basically this role has been Written purely to keep me here.

    The biggest suggestion to this is that the new title is Designer and Marketing Officer. This along points to the fact that its two role into one.

    • lesleyfurber

      Hi Dan, thanks for your message. Roles can be reorganised in a redundancy situation so they contain different things, including elements of your original job; it doesnt’ mean a redundancy is not genuine. However, as there appear to be differences in the new job (including new skills, new career path) then your Employer should offer you a statutory trial period of 4 weeks in the job, when you decide whether you want to do the job or not. If you do not your redundancy (and redundancy pay) should be preserved. They should not be asking you to resign. Good luck with this. Regards, Lesley, Workline

      • Dan Ford

        Unfortunately that is exactly what they are doing as the are saying I have to accept it as it is or prove that its unsuitable. I can’t just say its not for me and be made redundant. So my company that i have worked at for 9 years is forcing me to take a role that wasn’t what i was here for or resign. I’m not 100% sure what a reasonable reason would be for turning it down and what would be deemed unreasonable?

        • lesleyfurber

          Hi Dan, you should not resign. If they force you into this then you would have a case for unfair dismissal at an employment tribunal. The reasons you have given above are the ones you would use to explain to your Employer why the job is not suitable. Career path/direction can be an important consideration. You need to appeal against their decision or put in a grievance so they understand how unhappy you are about this. Good luck. Lesley, Workline

  • Ares77

    Hi everyone. My role has just been made redundant due to a restructuring of the whole dept and offered an alternative job with lower salary and lower level based on 6 months contract renewable.

    Was told that only if i don’t accept the new role I would be entitled to redundancy package but if I accept it I would lose my redundancy by now and I would get it in case they don’t renew my contract after 6 months. But I am sure they will renew it all the times as they are already doing with the other staff. That’s the tricky plan of my directors!

    I was thinking that since my current permanent contract would end, I should be entitled to redundancy anyway since we would make a new contract, working in a different dept and doing a completely different job. So I would ask them to pay the redundancy first and then start a new 6-months contract. In end, if I didn’t accept the new role, they would have to pay redundancy and find another one for the new role anyway! What do you think?

    Please help

    Thanks

    Ares

    • lesleyfurber

      Hi Ares, I’m afraid your solution won’t work from the Employers point of view. The point of a redundancy payment is to compensate you because you have lost your job; so it is no employers interest to pay you a redundancy payment then immediately offer you a new job. They may offer you a new job after a break in your service but not immediately. You need to make a decision whether to take the redundancy from your old job or take the new job. If you took the new job, after 4 years you would need to be offered a permanent contract – more details are here http://www.freelanceadvisor.co.uk/legal-advice/fixed-term-contracts-what-are-they-and-how-can-they-come-to-an-end/

      And if you took the new job your continuous service (from your start date) would be preserved from your original start date. Hope that helps. Regards, Lesley, Workline

      • Ares77

        Hi Lesley, thanks for the answer. Anyway, I took my redundancy last week and refused their proposals. Then on Monday I applied for the same job they had offered me earlier. Had the interview this morning and was successful. I’m starting the new role next week. I think it was convenient to my employer as well because they secured someone who knows the system already, very important in our company. I lost my length of service but I don’t mind since I got a good redundancy pk. Regards

        Ares

        • lesleyfurber

          Hi Ares, that is very unusual! I don’t want to spoil the good news for your but your Employer needs to be careful here. The HMRC may not view the redundancy payment as legitimate if you don’t have a sufficient ‘break’ from the company. Good luck! Lesley

          • Ares77

            I had 1 week break. How much time should have been instead?

            Thanks

            Ares

          • lesleyfurber

            hi Ares, if it’s a completely different job this may be ok, but the HMRC would generally want to see a minimum of 5 Monday’s break if you were coming back to the same/similar job. Regards, Lesley, Workline

  • Mic s

    Hi, I hope you can help me. I was told I was being made redundant in 2012 whilst on maternity leave and was advised that I would be treated no differently to anyone else just because I was on maternity leave. After sought in advice I approached my employer and advised that I had to right to an alternative position should there be one. They then agreed that they would do this. I applied for a role and was advised that the position was mine. I then continued on my maternity leave. I returned in November 2012 being 5 months pregnant with my second child. During my pregnancy I suffered from gestational diabetes and was advised to keep my stress levels to a minimum as this will help control my sugar levels. I made my manager aware of this and after 3 weeks of being back and not having any system access she agreed that I continued to do my old role until my return from maternity leave as I would only be back for 7 weeks before going back on maternity leave.
    When I returned from my maternity in 2014 I was advised that I had had my trial period. After many discussions with HR they finally agreed I was not given the trial period. It was then agreed that I would return on a 4 week trial. I returned for approximately 3 weeks and after seeing my doctor it was advised that my job was causing me severe anxiety and stress and it would be detrimental to my health to stay in this role. I then notified my employer who has stated that it is for them to decide if the job is suitable . They have told me that my reasons are unreasonable and therefore I will not be entitled to my redundancy pay.

    • lesleyfurber

      Hi Mic, thanks for your message. It is up to your Employer to decide if the job is suitable alternative employment but the point of the trial period is to see if the job works from both your perspectives. If your Employer will not budge on their decision then you would need to take your Employer to an Employment Tribunal who would decide if you were unreasonable or not in turning down the job (and if you were not unreasonable you would be entitled to a redundancy payment). It might be worth giving Acas a call to see what they think of your position. Good luck. Regards, Lesley, Workline

  • Jane

    I have been informed I will be made redundant in
    3 weeks and was due to leave on maternity leave in 4 weeks. The company
    has confirmed to me that as part of the redundancy process they will look for
    suitable alternative posts and advised me to do the same. As part of this
    search I have identified a job that I think will be suitable but my employer
    has not mentioned it to me yet. I plan to bring this job to their attention
    however I do have several questions. 1. It is currently classed as being
    at interview stage. How does this process work – should I be given
    1st refusal/giving an automatic interview or be expected to apply as if I were
    any other employee (not being made redundant). 2. If I was offered the
    position due to the timescale I would obviously be on maternity leave, how does
    this affect the 4 week trial period 3. If the employer informs me that the post
    is an unsuitable alternative what would my next step be? Due to the
    timescale involved any assistance you can provide would be greatly appreciated.-

    • lesleyfurber

      Hi Jane, thanks for your message. Once you are on maternity leave then you must be offered a suitable alternative job, without the need for an interview (unless there was another woman in exactly the same position as you, i.e. on maternity leave and at risk of redundancy), where this is available. Until you go on maternity leave, the ‘application’ process for a suitable job will depend how many others are at risk of redundancy; I don’t think you’d have an automatic first refusal. before you are on maternity leave. If you were offered the job then your trial period should start on your return from maternity leave. If your employer thinks the job is not suitable then you need to speak to them about their reasons for this, and decide if you are happy or not with the reasons; see if you can apply for the job regardless or see if there is another suitable alternative job there. Hope that helps. Regards, Lesley, Workline

      • Jane

        Thanks Lesley for your prompt reply. I am the only person at risk of redundancy so can you clarify what the “application” process should be that my employer should follow. I suspect they do not want to offer it to me as I have only 2 weeks before I go on maternity leave and plan to make me redundant before then.

        • lesleyfurber

          Hi Jane, if it’s a ‘suitable’ alternative job then it is going to depend where they are in the interview process for that job and whether your current skills are a fit for that job … if the selection/interview process had already started before you knew of redundancy then you would probably have to apply. If it’s not a ‘suitable’ alternative job then you would again probably need to apply for the job. Your employer can decide on the most appropriate ‘application’ process depending on the circumstances of your redundancy and the vacancy involved. Good luck. Regards, Lesley, Workline

  • paul

    Hi

    My work announced that we are to be made redundant, there are 8 of us and only 4 jobs, so i applied, i have yet to here the outcome and its been over 2 weeks as the director and the HR director have been taking holidays rather than deal with the situation, I have a brief job description for the new role but no hours of work have been agreed, well i have lost interest in the position now and am not keen to carry forward my application, if i get offered the role can i still turn it down under the terms that i am not happy with the hours as they were not specified in writing?
    I would still like to walk away with redundancy but am afraid the will try anything to make me resign instead.
    I wish i never had applied, im certain i will get it as im the most qualified but don’t like the way its been handled and the lack of professionalism on there behalf. Its not a company i want to work for now.

    • lesleyfurber

      Hi Paul, you can turn it down if the role is not similar (in every way including hours) to the one you currently do. If the job and hours are similar then if you turn it down you risk losing your entitlement to redundancy pay; unless you can demonstrate that not enough information was provided for you to be able to make a judgement about the job. Good luck. Lesley, Workline

  • colin

    my company was making me redundant and within my notice period I got a job offer with a different ltd company at the other end of the country. both companies have the same parent company. The new job has a relocation budget and service years transfer. I want redundancy from my current employer and new start conditions with the new company but the HR department say it’s not possible for tax reasons. Is my proposal not possible?

    • lesleyfurber

      Hi Colin, thanks for your message. I think if the companies are connected then HR could be correct. What your HR department are probably talking about is how the HMRC would view the redundancy payment – if they felt you were staying within the same company then a redundancy payment would not be appropriate (there are complicated rules around payments made by company’s without tax). It might be worth going back to HR to get a more detailed reply about this as they should have taken advice about whether this was possible or not (probably from a lawyer/accountant). Good luck. Regards, Lesley, Workline

  • Darren

    hi there,

    I am currently off work under a fit note which ends on the 13th October. I intend to return to place of work and carry on as before. I had a telephone chat with tow HR people and my manager’s manager. I thought the reason for the meeting was to “see how I was doing”. I was told during the telephone call that my role is no longer required. I was then told that I have two immediate options. A job in the same location on a lower band and lower pay or a job in the same band and pay at a new location which is 250m away. Neither appear on the surface as suitable alternatives. There was no mention of redundancy or the start of a redundancy consultation. After thinking about the telephone call I e-mailed my HR rep and asked for a copy of the business case wrt why my role was made redundant, a copy of both job descriptions and a statement covering any changes made to my pay. In addition I requested a copy of the redundancy policy, relocation policy and statement covering what my redundancy package would be. The company have stated that I am not redundant and that I do not need the business case or any of the policies. They do plan to send me a copy of the job descriptions. Does this seem right. I feel that they have not followed the correct procedure wrt redundancy and consultation. I also feel it is not right that I was informed whilst off work sick. I spoke with HR only 5 days before wrt organising the telephone meeting and actually asked if my job was still safe and mine and I was informed an infatic yes. It has now been a week and I have received no information. I feel that neither of the roles offered are suitable as one is less pay and the other would involve asking my wife to quit her well paid job and to move our family 250m away. Can you help me please. ta Darren

    • lesleyfurber

      Hi Darren, thanks for your message. I would agree with you that neither of these jobs sound ‘suitable’ and even if they are not declaring redundancies but conducting a restructure they need to provide you with decent alternatives if your current job no longer exists. They also need to explain to you why your job will no longer exist and discuss with you the options/alternatives. It was not ideal that they informed you of this while you were off sick, but they can do this if there is a need and they handle this sensitively. I would suggest you wait until you receive the information (they may offer to ‘freeze’ your current salary in the lower paid job, although they may not have mentioned it) and then if you are still unhappy I would put in a grievance. They are potentially dismissing you by acting like this and you may want to take action about that by pursuing a constructive dismissal/unfair dismissal claim; but wait to see what information they give you first and take out a grievance to demonstrate you are unhappy with what they are doing. Good luck. Regards, Lesley, Workline

  • Simon carter

    I am working my notice period and with 20 years service I am expecting a substantial severance package that will support me in the period of finding alternative employment.
    The thing is my employer has offered me a 12 month secondment to finish off some project work that will defer my redundancy for 12 months.
    If I turn this down on the grounds that I do not believe a temporary position / derefement of my redundancy is not a suitable alternative will my employer have a case to say that I have unreasonably turned this down?

    • lesleyfurber

      Hi Simon, thanks for your message. I don’t think your Employer could say this was unreasonable if you turned this down, as they are not offering you a permanent job. Are you able to ask someone appropriate what will happen if you do turn it down? Regards, Lesley, Workline

  • Tony

    Hi. I started my four week trial period on 1st October. I decided after the first day that the new role was not for me and informed my employer that I would take redundancy. HR contacted me on 3rd October and a ‘mutually agreed final date’ for my employment was given as 31st October. I have found out today through my Manager that management are now saying my last day was 30th September and have cancelled my door pass, I can’t even get into the building. What are my rights regarding making them adhere to the original date. This new decision was not discussed with me at all.

    • lesleyfurber

      Hi Tony, thanks for your message. Do you have anything in writing (including e-mail) about your trial period. They can’t unilaterally change your leaving date – can you phone HR and ask them what is going on (and when you will receive your redundancy money?). Good luck. Regards, Lesley, Workline

      • Tony

        Thanks for that Lesley. I now have an email from HR saying that, yes we had agreed 31 October but that was on the understanding I continued to perform the new role. This had not been mentioned during the discussion. Following it I had contacted my manager advising him of my final date and inviting him to allocate work to me. He has been aware that I have been attending work, HR have been emailing me until 8 October and I have been replying. Now they are saying 30 September is my final date but no consultation or agreement was made with me… Am I in for a battle???

        • lesleyfurber

          Hi Tony, if you are still working (whether in your old job or the trial job) it’s rather bizarre to say your leaving date is the 30th September! Are you still going to work now? I think you will be in for a battle yes, unless someone there wakes up and stops being daft! If they do not pay you for the work you have done this month then you can take a claim to an employment tribunal for an ‘unauthorised deduction’ of wages…. you have e-mails to back this up which is good. Good luck. Regards, Lesley, The HR Kiosk

          • Tony

            No, I was going in to the office until 9th October and then got a phone call saying ‘last date was 30th sept not 31st Oct’ and then my access was barred. I think the least they can do is pay me up to 9th October as they know I was going in until that date! Thanks for your help :-)

          • lesleyfurber

            Hi Tony yes I would agree with you – good luck with this. I have no idea how they could mess this up so badly! Regards, Lesley

  • Iinda

    Hi

    I’m in the process of being made compulsory redundant, my employer has provided a list of vacancies of which they have suggested one is suitable for me and I should apply. For personal reasons and the fact the job is slightly less money and more hours and the job includes far more work then the previous person had to do, I decided not to apply. Can my employer refuse to pay me the redundancy money on the basis they deemed a job vacancy as suitable even though I had to apply and it wasn’t offered to me?

    Thanks
    Linda

    • lesleyfurber

      Hi Linda, thanks for your message. If the new ‘suitable’ job is paying less money and requires more hours then i cannot see how this can be ‘suitable’. However, your employer can refuse to accept this is the case though and so not pay you redundancy money. If that happens you would need to take them to an employment tribunal for unfair dismissal – that process now involves ‘conciliation’ with Acas before a case goes to Tribunal and at that point your Employer may change their mind. All the details about Tribunals are here. Good luck with this. Regards, Lesley, The HR Kiosk

      • Iinda

        Thanks Lesley, does it make no difference if I haven’t applied for the job and haven’t been offered anything? I was under the impression that if I didn’t apply for a role during the redundancy process, even if that role was deemed as suitable I would be able to leave with my redundancy money. Otherwise others that haven’t applied for roles that are deemed suitable would also lose their redundancy.

        • lesleyfurber

          Hi Linda if you are offered and don’t accept a role that your employer believes is ‘suitable’ alternative employment then you could lose your entitlement to redundancy money. But this is going to depend on your employers attitude – if they are happy for people not to apply for jobs and take redundancy and get the money then they should let people know this – it sounds like this might be the case if they are not offeirng you anything. Regards, Lesley

          • Iinda

            Thanks Lesley, I am in two minds about what they will do as the role they have available is a role I have done aspects of in a previous role, since then I have moved two roles and the work I do now is nothing similar to the role they are offering. On the grounds that the role is not similar or substantially similar from by previous role, Can I decline the job offer?

          • lesleyfurber

            Hi Linda, it may not matter if it is different work but what is important is that is has the same ‘status’ and benefits. If it does not then you can decline the job offer. Regards, Lesley