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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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I am under notice of Compulsory redundancy and was given an

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I am under notice of Compulsory redundancy and was given an exit date in writing of the 18th February 2011. I would have served a months notice. Are my employers able to retract my redundancy this late into the notice period? I have find employment elsewhere last week outside of the Trust.
Hello

 

Thanks for your question. Please don't forget to press Accept once you get my answer. For now please let me know:

 

1. What is the reason for retraction?

Customer: replied 5 years ago.

 

 

The person that they have slotted into my post has appealed and doesn't wish to take the job. They have informed me that if I do not take suitable alternative employment or my post back I am putting myself at risk and they do not have to pay me my redundancy. I also appealed earlier on in the consultation as they changed my job title to 'pool' me and my job is in the new structure back to my old exisitng job title?

Do you feel that the job you are being offered now is suitable?

Customer: replied 5 years ago.

 

 

If they offer my old post back then no, as the new job description for my current post (although under the same old job title in the new structure) does not reflect my work. It is a generic job description that they are discussing now to be put through agenda for change to make it job specific!

 

Other posts available are a band below my exisitng post and are a step backwards for me career wise and would involve travelling further.

When a redundancy situation arises your employer is encouraged to search for and offer you suitable alternative employment (SAE) to avoid making you redundant. This could be a job within the same company or any associated companies.

 

If you accept the offer of SAE, then you are treated as not having been dismissed, your employment will continue and you would lose your entitlement to a redundancy payment.

 

If you refuse an offer of SAE, you would lose your entitlement to redundancy pay if it is deemed that the job was suitable and the refusal was unreasonable. However, if the offer was unsuitable and the refusal was reasonable, you would keep your entitlement to redundancy pay.

 

In relation to SAE, the factors that make the offer unsuitable or your refusal reasonable are as follows:

 

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

 

 

So as you can see there are a number of reasons that would make an alternative offer unsuitable and you would be able to reject it and claim redundancy pay instead. It is up to you to consider whether you wish to accept the offer or reject it but do bear in mind the above advice when making that decision.

 

And to answer your question, if an offer of SAE is made before the expiration of your notice, it would be treated the same as if it was offered at any other time before that and if you unreasonably reject it, you could lose your right to redundancy pay. However, if the offer is not suitable or your rejection is reasonable you can still get your redundancy pay.

 

I hope this helps. Please press the ACCEPT button. You would still be able to ask any follow-up questions if necessary. Many thanks

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