l work offshore due to restructing my firm has made my position on the platform redundant.They have offered me a new position on another platform with new terms. These conditions are the old terms and conditions. Multi discipline operative/trainee scaffolder/helideck landing officer and deck crew.Salary for this position on a 2 weeks offshore/Three weeks onshore cycle was £52,500 per annum.This was a pernament position on the platform. The new terms and conditions for new position are multi discipline operative,trainee rigger,insulator,trainee scaffolder,helideck landing officer and deck crew with a 2 weeks offshore/three weeks onshore cycle with a salary off £43,500.Firm have asked me to accept this as a alternative position.As this position is different from my original contract how does this stand me in not accepting the position due to decrease in salary and change in job specification.As the company say l will be paying myself off if l refuse this position with them as they have offered me alternative work.
Province/Country relating to question: Scotland
Called Acas thet advised getting in touch with a employment solicitor
Hello and thank you for your question, which I will be happy to assist you with. Please let me know how long have you worked there for?
Been with firm for 12 years 4 months
ok let me get my answer ready please
Was on this platform as part of core team for 1 year 4 months
When a redundancy situation arises, an employer has a duty to search for and offer the affected employees suitable alternative employment (“SAE”) in order to avoid having to make them redundant. This could be a job within the same company or any associated companies.
If an employee accepts the offer of SAE, then they will be treated as not having been dismissed, their employment will continue in the new position and they would lose their entitlement to a redundancy payment.
If they refuse the offer of SAE, they would only lose their entitlement to redundancy pay if it is deemed that the offer was suitable for them and their refusal was unreasonable. However, if the offer was unsuitable and the refusal was reasonable, they would keep their entitlement to redundancy pay and could still opt for redundancy.
The factors that would make an offer unsuitable or a refusal reasonable are as follows:
If the employer offers alternative employment the employee has the right to a 4-week trial period in that job, which can be extended by mutual consent. If during or after the trial period they decide against taking the job then they should tell their employer. This will not affect their employment rights, including their right to statutory redundancy pay.
So as you can see there are a number of factors that would make an alternative offer unsuitable, in which case it can be rejected and a claim made for redundancy pay instead. It is of course up to the individual employee to consider whether they wish to accept the offer or reject it but the above are the basic principles taken into account in such situations.
As there is a significant drop in earning in basic pay and a change in job description.Is it possible to go to a industrial tribunal if they refuse to pay redundancy pay
Yes, because you can claim that you reasonably refused the job that was unsuitable and as such should have been made redundant
Would you advice a letter from an employment lawyer to the company to go down the grievance procedure with them regarding this issue. They have only gave me up until tomorrow to decide if l will accept the position on the new platform.
you do not need a lawyer to raise a grievance and can submit one yourself
l feel that the margin in salary is to big a gap and the job desciption is diffrent from my orginal position. l am going to reject this offer from the company what would be my next steps after l do this.
advise them that you are doing this in writing, state that you re rejecting it because it does not amount to suitable alternative employment and ask to be made redundant
Thank you for your advice in this matter it has been very helpful.If l need more help l will be back in touch
My pleasure. Unless you need further help, I would be grateful if you could please quickly click to rate the service I have provided you with before leaving and choose one of the following options: OK Service, Good Service or Excellent Service. If you feel the need to leave a lower rating, please reply to me first with any further questions you have. I will be happy to assist further and clarify anything you need me to. Thank you
Expert in UK Employment Law
Hi [Customer Name], This is just a quick follow up to see how you are getting on and to check if my advice has been helpful in dealing with your query? I look forward to hearing from you.Regards, Ben
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