I work for a national bank and until recently dealt with complaints about mortgages and was a level d. I have prpfessional qualifacations enabling me to do this.Th bank have moved all complaints about mortgages to England and as our jobs no longer exist they have demoted us to level c and we are dealing with complaints about another product.Our salaries are protected and our holidays are protected for this year and next after which we will lose 2 days annual holiday.We will also lose our free Bupa and will now have to pay for this.They say they have given us a job and t herefore we are not redundant. Is this correct and can they do this?Thanks
Province/Country relating to question: Scotland
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?
Hi ben I have worked there for 45 years
ok thanks and how significant are the differences between the two jobs?
The new job is not as taxing on the brain or as interesting. The main concern is that after 45 years to be demoted like this is a bit of a slap in the face. I was off ill at the time and just received a call to tell me.
I should have mentioned that when I say our salaries are protected we will not get any payrises until we fall into the salary scale for the lower grade, which could take aboout 5 years.
ok let me get my advice ready please
As your job no longer exists this is really a redundancy situation. 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.
So there is an argument that the job you have been offered does not amount to SAE and as such you can consider rejecting it and asking for redundancy instead.
Thanks Ben that is very helful
Expert in UK Employment Law
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).