Suitable Alternative Employment.

Could you please help to answer a question on redundancy law...

My wife works for a small firm of around 25 people as a Receptionist / Administrator, working on a part time basis of 20 hours a week. She has been there for 14 months. She has been told that due to a business restructure, her part time role will be made redundant to be replaced by a full time Adminstrator role.

The new role contains all of her current duties, including some current duties that they are unaware she already does, and some new duties which are well within her capabilities. The new role has a salary of circa £16k, and she currently earns over £16k pro-rata.

Even though she has said that she is willing to change her working hours to become full time, they are not offering her the position as a suitable alternative. She has instead been offered the opportunity to apply for the new position along with external candidates.

I have read that as a part of the redundancy process, the employer is obliged to offer suitable alternative employment, and I have assumed that the suitable element is decided by the employee and not by the employer.

She believes that they are finding a way to get rid of her, and does not want to have to apply for the job as she thinks she will not be selected anyway. As the receptionist, she will also have to greet rival candidates for the position.

Do you believe that she would have a case for unfair dismissal, and at what point does this apply?

Thanks

If she refuses to apply then she may undermine a claim. I would advise that she both applies and raises a formal written grievance outllining everything you have said about being willing to go full-time and doing the work already. That way you have evidence to show that she has done everything she can to retain her employment, albeit under protest.