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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38858
Experience:  Expert in UK Employment Law
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Hi, have just undergone a departmental restructure in whic

Resolved Question:

Hi,

have just undergone a departmental restructure in whic I was a Team leader, the restructure required myself and others in managerial roles to re apply for same title jobs but with new criteria, this new criteria i did not meet and faced redundancy, however a role came up and I am to be redeployed into this role.
the role is for an maintenance assistant, on lower wages.
my question. I have been informed that for 90 days my old salary is protected is this correct
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.
Customer: 10 years
Expert:  Ben Jones replied 1 year ago.
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Expert:  Ben Jones replied 1 year ago.
When a redundancy situation arises, an employer has a duty to consider and offer the affected employees any suitable alternative employment (“SAE”) that may exist at the time. The objective is to keep the employee in employment rather than make them redundant.

If an employee accepts an offer of SAE, their employment will continue in the new position and they would lose their entitlement to a redundancy payment.

If the offer is considered unsuitable and the employee refuses it, they will still keep their entitlement to redundancy pay. However, if an offer of SAE has been made and the employee unreasonably refuses it, they would lose their entitlement to redundancy pay.

The factors that would usually make an offer unsuitable or a refusal reasonable are as follows:
• Job content and status – e.g. drop in status or level, substantial differences in duties, etc.;
• Pay and other benefits – e.g. significant drop in earnings, including basic pay, bonuses, overtime, sick pay, holiday entitlement, etc.;
• Working hours – e.g. change in shift pattern, removal of overtime, extension/reduction of working hours;
• Change of workplace – e.g. if a place of work changes and the employee’s personal circumstances make it unreasonable for them to travel to their new place of work.
• Job prospects – e.g. going from permanent to temporary work, changing to being self-employed or being employed on a fixed-term contract.

If the employer makes an offer of alternative employment, where the terms and conditions differ from their current ones, the employee has the right to a 4-week trial period in that job, which can be extended by mutual consent. If during or immediately after the trial period they decide against taking the job then they should tell their employer straight away. This will not affect their employment rights, including their right to receive statutory redundancy pay.

Whilst the employer may say now that your current salary will be protected for 90 days, that does not mean that the new job amounts to SAE - 3 months is a relatively short period so you can certainly argue that this is not a suitable alternative as the wages will very soon decrease and that you would request to be made redundant instead.

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
Ben Jones, Solicitor
Satisfied Customers: 38858
Experience: Expert in UK Employment Law
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