Temporary employment and suitable alternative employment

Hello,

I am currently in consultation period for redundancy at end of January 2009.

The alternative employment offered is only a temporary position (maternity cover)whereas my position that is being made redundant is permanent.


My question is - What position am I in if I do not accept this position of maternity cover on the grounds that is is not a permanent role? If I do accept the maternity cover, surely I have been made redundant from a permanent position so should still be entitled to the redundancy pay?

Thank you for any help
Claire

Hi Claire.

Happy New Year although I am sorry to hear about your situation.

Unfortunately, there is very little guidance on what constitutes suitable alternative employment and the ‘unreasonable refusal’. There are many factors related to what might be considered as 'suitable alternative employment' including level of pay and the hours worked, location, status and whether the post is temporary (and how long it is expected to last) or permanent.

Employers should offer anything that is available including the option of retaining the employee on a temporary basis until a permanent vacancy arises.

If you refuse the position on the grounds that it is not suitable as it is temporary, you may forfeit your right to redundnacy pay. It is however up to you to prove that it is unsuitable.

Before you refuse/accept the temporary role, I strongly advise that you obtain confirmation with your employer as to whether at the end of the maternity cover, you will default back to redundancy consultation again. If they confirm that you would be back in redundancy situation (this should happen) whereby they seek alternative employment etc. you get this in writing.

I hope this has helped, but please don't hesitate to return if you need any further advice or to let me know the outcome of your situation.

since you are redundant from a permanent position you should be entitled to the redundancy pay.