Hi, My partner has today found out that the NHS organisation…

Her employment rights will depend on when she is made redundant. If she is made redundant whilst on maternity leave then she has the right to be considered for suitable alternative employment in priority to everyone else. That means that if there is a suitable alternative vacancy (i.e. one that does not significantly differ on its terms, pay, location, etc) then that should be offered to her first before other employees who are not on maternity are considered for it.

In terms of forcing her to take a lower paid job, when a redundancy situation arises, an employer has a duty to search for and offer suitable alternative employment (“SAE”) in order to avoid having to make employees redundant. This could be a job within the same company or any associated companies.

If she accepts the offer of SAE, then she is treated as not having been dismissed, her employment will continue in the new position and she would lose her entitlement to a redundancy payment.

If she refuses the offer of SAE, she would lose her entitlement to redundancy pay if it is deemed that the offer was suitable for her and if her refusal was unreasonable. However, if the offer was unsuitable and the refusal was reasonable, she would keep her entitlement to redundancy pay. The factors that would make the offer unsuitable or her refusal reasonable are as follows:
• Job content and status – e.g. drop in status or level, substantial differences in duties, including loss of or addition to job content;
• 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 her place of work changes and her personal circumstances make it unreasonable for her to travel to her new place of work. This is on the assumption that she does not have a mobility clause in her contract, in which case her refusal may be unreasonable;
• Job prospects – e.g. going from permanent to temporary work or being employed on a fixed-term contract.

If her employer offers her alternative employment (i.e. one that is not automatically suitable), then she has the right to a 4-week trial. If during or after the trial period she decides against taking the job then she should tell her employer. This will not affect her employment rights, including her right to Statutory Redundancy Pay.

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