redundancy/new job offer..Help

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    yimmie yimmie is offline Junior Member
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    Default redundancy/new job offer..Help

    I have been through a 30day at risk process and asked to reapply for a job with a 20% lower salary and twice the area/people to manage. I did not apply with the aim of being made redundant but got convinced/pressured to take the job by my old manager with the offer of fixing my wages for the probationary period of 3 months. I have been doing the new job 2 days and regret taking it and want to leave and take redundancy. I have been sent a new contract which i have not signed but the covering letter says that the company considers this "suitable alternative employment" and i may lose my right to redundancy if i unreasonably refuse. I dont feel the job is suitable due to area,number of people im managing and long term money and wish to leave with my redundancy but feel i may now be trapped!
    It also states in the new contract that i am on 1 weeks notice during the probation period instead of my normal 4 weeks as i have not signed i dont know which applies. Recently the company has threatened not to pay people if they dont sign the new contract so do i have to sign to get payed?

    Thanks for any help you can provide

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    face2facehr face2facehr is offline user
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    Don't sign it. It's not too late, you've only been in the job 2 days. It's perfectly reasonable to decide shortly after starting it that you actually don't feel it is suitable alternative employment and wish to take redundancy instead. A 4 week trial period for this very reason is usual anyway.

    i would suggest you write to them thanking them for the contract they sent you and informing them that you feel this position is not suitable alternative employment and would therefore like to take redundancy. State clearly the reasons you feel the role is unsuitable.

    'Suitable' means tasks and responsibilities suitable for your skills and experience on terms and conditions no less favourable than your own. Point out where this role doesn't meet those criteria. I would suggest focusing on the fact that by the sounds of it, in 3 months your salary will drop, and anything else very objective. They may well argue the point but that's the next step. Putting in writing that you feel the role is unsuitable, explaining why and claiming your redundancy is the first step.

    In terms of notice periods, at present without signing the new contract (assuming you've just been sent it), you are still on your old notice period. But any attempt to reduce your notice period would also be less favourable terms and conditions so is something else to add to why the role is unsuitable.

    Statutory notice is one week per year of employment once you've been employed two years so the one week they specify may not be legal anyway.

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    yimmie yimmie is offline Junior Member
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    Thank you i will do and see what they say.

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    yimmie yimmie is offline Junior Member
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    I have written to the company, stating that 'I do not feel that the position is suitable alternative employment', and explaining why, ie salary, area covered, reporting staff numbers etc.
    I also stated that 'I wish to revert back to my original terms of being made redundant'. Two days prior to this, I received an updated job description which was different to the one originally discussed.

    In addition the original letter sent by my employers stated 'if this (the probationary period) is unsuccessful you will revert back to your original terms of being made redundant'. Does this mean only if they decide I am unsuitable, or does it also include if I consider the trial period unsuccessful.

    Today I received a reply from the HR manager, saying the following: "I have been forwarded your letter stating your intentions following the recent organisational restructure. It is my understanding that you have been offered a suitable position which you discussed with Steve Chapman and accepted.

    It is unfortunate therefore that you now feel that you wish to resign from this position and as a result of this resignation this is no longer a redundancy situation with any associated statutory payments."

    Please can you advise on the best way forward, as I did not resign, and want to pursue this further.

    Many thanks

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    SarEl SarEl is offline Expert Advisor
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    In law you are equally allowed to turn down a trial period. But if a dispute arises between you and the employer about whether this was a suitable alternative job, then your only option would be a tribunal. I would suggest that you write back saying that you have not resigned and have no intention of resigning, but that youreject the post offered to you as a suitable alterantive position. Outline your reasons for this again. Then state that on this basis you will be expecting either another offer of suitable alternative employment or the terms of your redundancy to be honoured.


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    yimmie yimmie is offline Junior Member
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    Thanks very much for the advice the ackowlaged my reply and put me on "garden leave" whilst they decided upon a reply.That was a week ago so i expect a reply soon!

    Thanks again for your help


 
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