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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38299
Experience:  Expert in UK Employment Law
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I have been on redundancy notice for six weeks and I finish

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I have been on redundancy notice for six weeks and I finish in two days. I have two other offers of work and was due to accept one today.
I have just been invited into an interview with my current employer, who has explained that due to another employee handing in his notice, my position is now safe - and that the redundancy will be withdrawn.
If I accept another job offer, do I lose the redundancy pay - after six weeks of stress and searching for alternative employment ?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello and welcome to Just Answer, are you being offered the same job that you are currently doing?
Customer: replied 1 year ago.
Yes, I was selected for redundancy from three candidates. One has now handed in his notice and I have been asked to stay in same role.
Expert:  Jenny McKenzie replied 1 year ago.
Hello during a redundancy notice period an employer is under a legal obligation to try to find work for the employee. This means that if your job becomes available you must be offered it and there is no redundancy situation at the end of the notice period.

This means that if you do chose to take the other job you will not, unfortunately, be entitled to redundancy pay.

I reaslise that this will be disappointing to you due to the stress you have suffered and am sorry that i have not been able to give you the answer you want.

If you have any questions please do ask. If I have answered your question I would be grateful if you would give a positive rating.

Thank you and all the best.
Customer: replied 1 year ago.
Jenny, Please read all below, which is certainly applicable in my situation:

Once notice of redundancy has been issued to an employee, it is legally binding and cannot be unilaterally withdrawn by the employer, even if the employee is still working out his or her notice period. If the employer subsequently wishes to withdraw the notice because of a change in business or economic circumstances, the express consent of the employee is needed.

That said, s.141 of the Employment Rights Act 1996, provides that an employee who is dismissed by reason of redundancy loses the right to a statutory redundancy payment if he or she unreasonably refuses an offer of suitable alternative employment. The offer must be made before the end of the employee's employment under the previous contract and must take effect either immediately on the end of the employment under the previous contract or after an interval of not more than four weeks. The employment must either be on the same terms and conditions as the previous contract or be suitable alternative employment in relation to the employee.

If, after notice of redundancy has been issued, the employer makes an offer to the employee of his or her old job back on the same terms and conditions of employment, but the employee turns it down, the employer can then seek to argue that no statutory redundancy payment is due because the employee has unreasonably refused an offer of suitable alternative employment. The suitability of an offer of alternative employment is an objective matter for assessment, whereas the issue of the reasonableness of an employee's refusal has to be assessed on an individual basis by reference to the employee's personal circumstances. If, for example, during the notice period the employee has already secured alternative employment, it is likely that an employment tribunal will hold that the employee's refusal was reasonable in the circumstances. On the other hand, refusing to accept a job back simply to obtain a redundancy payment is likely to be deemed to be unreasonable.

Expert:  Jenny McKenzie replied 1 year ago.
Hello, may I ask where that is taken from?
Customer: replied 1 year ago.
Yes, Xpert HR website
Expert:  Ben Jones replied 1 year ago.
Hello, I see my colleague has opted out so I will help you instead. Whilst the original advice you were given is correct, it is certainly not as simple as that. The article you have from Xpert HR is relevant and there is an argument that the job you have now been offered by your current employer is no longer suitable, even if it would have been had it been offered to you earlier. Whilst an offer has been made the employer, it is very late in your notice period, with just two days to go before you finish. You have also more or less acce4pted another position and have materially changed your position following the redundancy notice. So these are all relevant factors that can certainly make your refusal reasonable, even if it would have not been seen as such earlier in the process.

Of course there is no guarantee that the employer will agree with you and there is a risk that they will still argue your refusal was unreasonable and try to withhold redundancy. If that happens then you will have to consider going to the employment tribunal to pursue the payment.

I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
Customer: replied 1 year ago.
for Ben Jones
A revised offer explaining the withdrawal of redundancy is being prepared and given to me tomorrow. Where do I stand if the offer is a pay reduction
Expert:  Ben Jones replied 1 year ago.
If the offer is a pay reduction then you will be able to reject it by arguing that it does not actually to suitable alternative employment and as such you do not have to accept it but would prefer to be made redundant instead
Ben Jones, Solicitor
Satisfied Customers: 38299
Experience: Expert in UK Employment Law
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