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I work for a large local authority and we are in the middle…

I work for a...

I work for a large local authority and we are in the middle of an organisational redesign resulting in a reduction in posts.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

My job job has changed and I am not deemed to be a match and I am in a ring fence with others - that us fair enough. The salary range of the new roles is £81-99k, and we have to apply for roles otherwise we are deemed to have resigned.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

My issue is I currently earn £103,000 and so it would be a minor pay cut if I was successful and was appointed at the top of the range - I have asked the question and been told that they cannot advise on pay protection or where appointments will be. I feel that if I apply I wan signally I would be prepared to accept a 21% pay reduction

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

I am sorry I do not understand the term at will or union. I am in full time employment

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

No I don’t think so - I do t want to be deemed by applying to signal I am accepting a £22,000 pay cut.

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Customer reply replied 8 months ago
Ok so this is in the UK so I guess you cannot help.
Answered in 31 minutes by:
11/16/2017
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 50,945
Experience: Qualified Solicitor
Verified

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

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So how long have you worked for this employer for?

PS: I am a UK lawyer so can certainly help you

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Customer reply replied 8 months ago
I have been there 7 years - 2.5 as an interim and the remainder as a permanent employee

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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Many thanks for your patience. If there is a redundancy situation, which is what this looks like, 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

· Location – new location making it unreasonable to travel to the new place of work

· Job prospects – going from permanent to temporary or fixed-term work

As you can see a drop in pay can potentially amount to a unsuitable offer so it can be used as a reason not to accept the role and either ask to be offered something else, or still ask for redundancy.

Therefore, 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.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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Customer reply replied 8 months ago
hi,Thank you for your reply what you have advised me is what I already know and what is available on the uk government website. What I want to understand is what is the definition of a significant drop in earnings? It would be a 21% pay reduction for me and in my view that is a significant reduction - is there in law a definition?Bev

There is no such definition in law - nowhere will you find any numbers or thresholds which define what drop in wages makes a job unsuitable. It is considered on a case by case basis and only a tribunal can determine that. In the end I will depend on many different factors and your personal circumstances

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Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

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Customer reply replied 8 months ago
Thanks
You are welcome and all the best
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 50,945
Experience: Qualified Solicitor
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