UK Employment Law
UK Employment Law Questions Answered by Verified Experts
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What specific queries do you have about your situation?
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 what you hope to achieve
I would like to know how to proceed with my employer, I am happy to take redundancy, although they are saying I am not redundant
The Employment Rights Act 1996 defines a redundancy situation as falling within one of the following circumstances:
So if your job relocates or ceases to exist, it will be a redundancy situation, even if the employer does not believe it is.
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:
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.
In summary, there are a number of factors, as explained above, which would make an alternative offer unsuitable, in which case it can be rejected and the employee's redundancy rights would remain unaffected.
Would there be a time limit between when my current post finishes and the new one starts
well to fall within the definition of SAE, the new post has to be offered before your current employment finishes and would usually start straight away
yes you have confirmed all my suspicions. I told my employer exactly what the legal advice was that I had received early and they said it wasn't relevant so not sure where to go from here
whilst you have a position in law and certain rights, an employer can bury their head in the sand and ignore these - I have seen it many times in the past. To take this further you have the following options:1. You can raise a formal grievance and prompt them to deal with this officially and provide you with a formal outcome2. If there is still a stalemate then unfortunately it does mean you have to take the drastic step of resigning and considering a claim for constructive dismissal which would also include claim for redundancy pay
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