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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38672
Experience:  Expert in UK Employment Law
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I have been put at risk of redundancy. 1st Consultation held

Resolved Question:

I have been put at risk of redundancy. 1st Consultation held , second this week. Grounds are restructure. Unique role , no need for selection pool.
My current role covers two regions (Nordics and Benelux) These are basically being split and Nordics rolled under the UK operation . There has been no reference to the Benelux half of my job at all which I don't feel comfortable about.
Have been invited to apply for a job within the department which combines the UK and Nordic roles but is more senior by 2 grades. My main question is , I believe that the role is really being tailored to my more senior colleague and that realistically I would be extemely unlikely to get the role . However is it in any way detrimental to my getting the best outcome for me in all of this if I do not apply for the role ?
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. How long have you worked there for?

Customer:

Will be 9 years in September . 1 year out for maternity . When I returned after maternity it was to a new role within same team .

Ben Jones :

How similar/suitable do you feel that this newly created role is to your current one?

Customer:

There is some overlap but it essentially doubles it in terms of 'size' of job, targets etc. I would view myself as a junior version of this role - it has a very sales focus. asking for 7 years ...I have a year ....

Customer:

two grades above where I am today ie I am SL4 it is SL6

Ben Jones :

Is there any reason you do not want to apply for it even if you may not get it?

Customer:

I don't want the job - too much pressure and I don't get paid enough

Customer:

but I don't want to not apply if it will in any way affect my chances of coming out as best I can from the situation . Preparing for an interview at that level when I don't really want the role might be a distraction from other elements/looking for other alternative roles etc

Ben Jones :

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. So the main issue here is whether this new role can be considered to be SAE, because if that is the case and you unreasonable refuse it, including a refusal to apply for it, then you can potentially affect your 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. That is of course on the assumption that you have been successful in getting that job. 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.


 


In summary, if you believe that the job does not amount to SAE you can use your arguments in reaching that decision to inform the employer that you will not be applying for it and that you would opt for redundancy, unless they can offer you a SAE.

Customer:

I am being offered the option to apply for it - not offered it as a job . My colleague who is senior and I believe that the job role is intended for and tailored to will be likely to get the role over me . SO you are saying I should apply for it to show willing. Do they have to give me an interview or can they as with a normal process look at my application and the advise me that I have not been selected for interview

Ben Jones :

Offering you the job includes offering you to apply for it. So refusal to either take a job that is being offered directly or refusal to apply for a job that you have been given the option of applying for would be the same thing. They do not have to give you an interview and can make a decision based on the application and your merits alone, although if I was the employer I would advise them to treat you both the same and to interview you both before making a decision

Customer:

Ok Thank you

Customer:

I need to throw my hat in the ring

Ben Jones :

To fully protect your position I would suggest you do so, you do not even need to make a full effort, as long as you show that you have not automatically discounted the job

Customer:

Thank you - exactly the answer I needed :-)

Ben Jones :

My pleasure. Please take a second to leave a positive rating for the service I have provided you with as that is an important part of our process. Thank you

Ben Jones, Solicitor
Satisfied Customers: 38672
Experience: Expert in UK Employment Law
Ben Jones and 4 other UK Employment Law Specialists are ready to help you

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