No offer of redundancy for me!

Hi Guys,

I've just been through a consultaion since my position is being made redundant thanks to a company restructure.

I have been offered an alternative role. However, the company insist and I quote 'as this role is considered a suitable alternative to redundancy, a trial period does NOT apply' It was then added that if I did not wish to take up this alternative role then I could resign in the usual manner giving the appropriate notice. There is no chance of a redundancy payment.

Why am I not entitled to be offered redundancy if I deem the alternative not suitable? This new role is a drop in status in my view! Although my pay is frozen.

Why am I not entitled to a 4 week trial period, I thought this was mandatory?

On top of that, we were issued with job descriptions for the new defined roles (5 in total) but since my unit has a smaller operation then only 2 roles would apply. So with the offer of the main position I was told I'd be expected to take on an additional role too, for no extra reward and of course no trial period.

I must admit I feel like they are taking advantage and using bully boy tactics, meant to add, every other staff member in my unit that went through the consultation WAS offered and have opted for redundancy.

What do you think...does this whole senario seem above board? If my job's redundant, why no redundancy?

Thanks for taking the time to read this

Thank you for your question.

If following the company restructure your role no longer exists, then this is a redundancy situation.

As you are aware, Section 141 of the Employment Rights Act 1996 governs the rules on suitable alternative offers of employment in relation to redundancy.

Your employer has a duty to give you a 4 calendar (not working) weeks trial period. If your employer refuses a trial period you can ultimately claim unfair dismissal.

Whether an alternative job offered is suitable depends on the terms of the job offered and your skills, abilities and circumstances. Factors such as pay, status, hours and location are relevant when deciding whether a job is a suitable alternative for you. If you decide the alternative employment isn't suitable for you and your employer disagrees and witholds redundancy payment, you would have to make a claim to the employment tribunal who would then decide if this was suitable based on the facts and your circumstances.

I would advise you to ask your employer for the trial period again and put this in writing.

Do let us know if you need any further help.