Do I have to offer redundancy if alternative job available?

  1. #1
    SueB SueB is offline Junior Member
    Join Date
    Feb 2011
    Posts
    3
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Question Do I have to offer redundancy if alternative job available?

    We are a small business employing 13 workers in a mix of full and part time roles.
    2 of these employees have been employed in a field sales capacity for many years (19 years in the case of the longest serving employee). In recent years our business has changed and we are now doing most business online, making field sales a loss making enterprise, so have decided to stop this sales channel.
    We are hoping to offer the 2 employees involved, alternative employment as in house sales representatives in our warehouse at the same salary levels instead of redundancy. Can we do this or are we obliged to give them a choice?
    Our feeling is that 1 of the 2 may be difficult as there will be a commute to and from work. (Apologies if this has been answered elsewhere, I did look but couldn't find exactly the info I need).

  2. #2
    SarEl's Avatar
    SarEl SarEl is online now Expert Advisor
    Join Date
    Sep 2010
    Location
    North of Watford
    Posts
    4,688
    Thanks
    4
    Thanked 727 Times in 690 Posts

    Default

    If the commute is difficult this may be grounds to refuse the alternative - but it does depend on what that means. Can you explain the reasons why it would be difficult?


    Employment Advice / About Me


    (Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).

  3. #3
    SueB SueB is offline Junior Member
    Join Date
    Feb 2011
    Posts
    3
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default

    Thanks for your reply. I think it could be difficult in one instance partly because the employee is particularly awkward (!) and would probably prefer to have a redundancy payment instead of alternative employment. Also at the moment being in the field this person is supplied with a company vehicle - a small van,(not available for personal use) and would lose that if they worked at head office. To my knowledge he does not have alternative transport and poor public transport links would make the commute difficult. The distance/time involved in the commute is not itself the issue as we have other employees that drive a similar distance to work. Hope that helps to clarify the situation?

  4. #4
    SarEl's Avatar
    SarEl SarEl is online now Expert Advisor
    Join Date
    Sep 2010
    Location
    North of Watford
    Posts
    4,688
    Thanks
    4
    Thanked 727 Times in 690 Posts

    Default

    What someone prefers isn't in question. But not having transport added to poor public transport would certainly be one factor in favour of refusing the post, and what other employees do wouldn't really matter as the tribunal (and lets face it - that's all that really matters!) would look only at whether it was reasonable for that individual to refuse in that circumstance. Some people will drive 100 miles to work, but it doesn't mean everyone will! If in doubt, either pay them off or find an alternative - tribunals are expensive and if this person is likely to take one out, you may end up far worse off. Would it, for example, be possible to allow them continued use of the van (if not used for anything else) or a loan (with a suitable agreement in place) to buy a car or a season ticket. Obviously these would pssibly be taxabale benefits, but teh employee may prefer to pay a bit on tax and get something out of it.


    Employment Advice / About Me


    (Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).

  5. #5
    SueB SueB is offline Junior Member
    Join Date
    Feb 2011
    Posts
    3
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default

    Thank you very much for your very sensible advice. We have decided not to offer alternative employment in this instance.


 
Please share us with friends or colleagues!


Similar Threads

  1. Refusal of a reasonable offer of alternative employment.
    in EMPLOYEES Ask redundancy questions
  2. Alternative offer of employment blocked
    in EMPLOYEES Ask redundancy questions
  3. Offer of alternative employment after redundancy notice?
    in EMPLOYEES Ask redundancy questions

Tags for this Thread

 
Powered by vBulletin® Version 4.1.12
Copyright © 2012 vBulletin Solutions, Inc. All rights reserved.
Content Relevant URLs by vBSEO ©2011, Crawlability, Inc.
©2011 MC Buckingham Limited No Duplication Permitted! vBulletin 4.0 skin by CompletevB.com



vBulletin 4.0 skin by CompletevB