UK Employment Law

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The current system I support is being taken out of service…

The current system I...

The current system I support is being taken out of service can my employer move me to another role even if I don't want to do this role? 23 years in the same role

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Not yet I wanted some general guidlines HR wont talk about it

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I don't belong to a union but what is at will ?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Only that my role and skills are system specific

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1/12/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,183
Experience: Qualified Employment Solicitor
Verified

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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How similar would this new role be?

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Customer reply replied 7 months ago
not in any way similar

Can you be trained to do this new role?

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Customer reply replied 7 months ago
but I don't want to work in any other role. please respond specifically I am not satisfied as yet

to be able to help you I need to ask some preliminary questions

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Customer reply replied 7 months ago
then can you ask them all I don't want to keep paying for random answers if you see what I mean

Not sure why you think you pare paying for random answers, you are not charged per every single question I ask...

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Customer reply replied 7 months ago
ah ok I did not understand this.

no worries, it is a one off flat fee for this whole conversation

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Customer reply replied 7 months ago
how much please

the deposit you agreed to pay at the start, I do not have these details as I have no access to your account, Usually in the region of £25-30

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Customer reply replied 7 months ago
ok what else do you need to know

just a brief idea of how different the two jobs will be?

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Customer reply replied 7 months ago
mostly data entry , my current role manages a system all the user problems and making system changes within a mainframe computer system
Customer reply replied 7 months ago
I designed and built the current system from the business side, so consulting ,enhancements, system bugs etc. the new role is nothing like this level of expertise

ok thanks I will reply shortly with my advice

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Customer reply replied 7 months ago
Thank you it is appreciated

The disappearance of your current job will most likely give rise to a redundancy situation. If that is the case, the employer has a duty to make a reasonable search for suitable alternative employment (SAE). If such positions exist they must then be offered to those at risk of redundancy. The objective is to avoid having to make someone redundant and keep them in a job.

There are two possible outcomes of this:

· The employee accepts the offer – in this case their employment will continue in the new role and thee would be no redundancy

· The employee rejects the offer – if that happens and the employee expects to still be made redundant, whether they do depends on the suitability of the offer and the reasonableness of their rejection, which I will discuss below.

If the offer is considered suitable and the employee unreasonably rejects it, they will be deemed to have resigned and would not be made redundant or be entitled to a redundancy payment. If the offer is unsuitable and they reasonably reject it, they can still be made redundant and receive redundancy pay.

Reasonableness is based on the subjective reasons the employee has for rejecting it, such as personal circumstances, health, family commitments, etc. Suitability is based on both objective and subjective criteria, with the most common factors that make an offer unsuitable as follows:

· Job content/status – drop in status (even if pay remains unchanged), changes in duties, which do not match the employee’s skills

· Pay and other benefits – significant drop in earnings/benefits (e.g. basic pay, bonuses, overtime, commission, etc)

· Working hours – change in shift pattern, significant extension/reduction of working hours

Where an offer of alternative employment has been made and its terms and conditions are different to the employee's current terms, they have the right to a 4-week trial period. This is an opportunity for both employer and employee to determine its suitability. If during the trial period they decide that the job is not suitable they should tell their employer straight away and terminate the trial period. Assuming the above criteria apply and the offer was not suitable and was reasonably rejected, they should still be made redundant from their original job and receive redundancy pay.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the options you have on taking this further if no agreement can be reached. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

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Customer reply replied 7 months ago
thank you so the key facts here are the new duties , skills required compare to my current role and of course family health etc. I can also see that 'reasonable' plays an important part . is my understanding correct
Customer reply replied 7 months ago
please elaborate on the options available to me

yes you are correct - the two main factors are the suitability of the new role and the reasonableness in rejecting it

As mentioned, please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the options you have on taking this further if no agreement can be reached. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,183
Experience: Qualified Employment Solicitor
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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