Help! Redundancy rights, can I not accept a job they offer me?

[MobileB 10]

I am still here you two! Sandra - just cos I'm in touch with my femininity ...... Steve - all Weeds supports are what is in side a big girls blouse

[steveroberts 10]

Touche mate!

[indizine 10]

I think I might have got your username mixed up with someone else....who was female!

[JanPud 10]

If they offer you an alternative position, it should be on "similar" terms and cons to your existing position. There are really two tests to this. First is pay and general terms, second is roles and duties. If you unreasonably refuse the offer of alternative employment then you are not entitled to SRP.

 

There a statutory right for the position to take the form of a four week trial and if there are significant differences then you could claim your right to SRP. However, if the company disagrees with you then the matter would have to go to ET and it can be hit and miss, to be honest, if you would win or not.

 

Not sure sending an email saying you would be unhappy if you continued to work for them was the wisest idea, although I agree that the offer to take Voluntary Redundancy could help. If they refuse this though, bear in mind my comments above.

 

The following factsheet info probably explains it better:

 

"Employers must consider offering suitable alternative work and are expected to look for alternatives throughout the organisation. There is an offer procedure dealing with this. The law removes entitlement to a statutory redundancy payment if an employee unreasonably refuses a suitable alternative. An employee is entitled to a four week trial period in a new role. If the employer and employee then agree that the role is not a suitable alternative, the employee reverts to being made redundant."

 

Well the job in question is my job mixed with soemone elses so there are differences. I'm just hoping they accept my voluntary redundancy offer, I havent had a reply as yet and we are due to find out this afternoon who has got the job/will be made redundant.

 

Sigh....this whole thing has been horrible

 

Thanks for everyones help

[ibbo 10]

This is like a soap. But dying to know, what was the outcome please?

[JanPud 10]

Well they didn't give me the job I was relieved to hear and didn't discuss my email in respect of voluntary redundancy either.

 

I'm off work paid until next tues when the consultation period ends as they may change their minds as they say they've had to do it before.

 

However, I've been for an interview today and I think I've got the job!! Just need to hear the final outcome from old employer.

[wizz wizz 10]

this sounds very much like wht been hearing a lot from with the NHS at present basicly bully into leaving so not intitled to redunancy