Suitable Alternative Employment - HELP!

Hi to all on this forum,

I just wanted to ask your advice regarding the situation I now find myself in.

I have been working for a solicitors in the city for over 6 years now as admin assistant. 3 weeks ago the admin team (which is two of us) and a few secretaries were told that our jobs were at risk and that the consultation process would begin on the 15th June. This was due to restructuring of the firm over the three offices so would be over the minimum 20 redunancies and that we would vote for a staff rep to go to the consultation meetings.

This has led to them issuing their proposal for the new structure. In this proposal the new job will lose between 10-12K, the hours are 10-4:30 and the position would be called "runner". The one on one consulations should begin after 15th July as they have followed the legal protocol of 30 days.

What I would like to know is surely this new position is "unsuitable" alternative employment? What is worrying me is that they would be able to say take this job or leave it and if I refused it could be deemed by them as an unreasonable refusal and I would have to resign. Everything I've read about this on the internet generally states that a suitable alternative has to be similiar pay, hours, postion, etc. Could someone please clarify this situation for me as it seems a bit unclear?

Would I be able to just say this job is unsuitable for me on the grounds of pay, hours and status and therefore please give me my redundancy? If this strategy were to fail what other options might be open to me?

If someone could take the time to answer my questions I would be very grateful as this is really worrying me and the uncertainty of how it's all going to pan out is driving me mad!

Hi Probo

If your employer offers you alternative employment which they consider to suitable alternative employment and you then refuse the offer and an Employment Tribunal considers it was suitable alternative employment, you would forfeit your entitlement to a redundancy payments.

However, if you have a reasonable argument as to why you do not believe it to be suitable alternative employment and you have some justification , then it is likely that an Employment Tribunal would agree with you and you would be entitled to a redundancy payment for refusing the offer.

There has been much case law which has shown the following to be reasons which constitute non-suitable alternative employment>

* a change in statusfrom white collar to blue collar work even if it is on the same pay
* a drop in salary
* actual drops or perceived drops in status
* increased travel time
* different or more inconvenient times for working.

If you consider the offer to be unsuitable, it would be advisable to put your reasons in writing to your employer. Your employer may continue to search for other alternatives while you are in your consultation period.

If your employer proceeds to make you redundant without pay for refusing the offer of employment, you should then appeal and consider making a claim to the Employment Tribunals.

I hope this helps.

Thank You so much for replying to my post

This has gone some way to giving me some piece of mind.