Help - alternative position offer...

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  1. #11
    geordiepip geordiepip is offline Junior Member
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    Man - this stress is really getting to me now!

    I've been told today that our union (Unison) had requested an emergency meeting with the business as they stated the offer on the table wasnt 'reasonable or suitable' apparently after seeking legal advice.

    The business had until today to respond - and they declined to attend the meeting.

    Rumour has it that we will get a letter in 2 weeks which will either have an offer of redundancy or telling us we have go back on the phones.

    It is making me sick at the thought of being told to go on the phones and trying to meet targets which are practically impossible to achieve!

    Any thoughts on which way you think this is gonna go????????

  2. #12
    geordiepip geordiepip is offline Junior Member
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    Hi,

    An update (dont know if this helps). I have found my original contract from when I first joined the company. I have cross-referenced it with a current contract for the grade I work and have found two differences.

    The current contract has:

    Modification

    The Company reserves the right to make reasonable changes to any of your Terms and Conditions of Employment and will notify you in writing of such changes at the earliest opportunity and, in any event, one month before such changes are due to take effect.

    and

    Business Growth and Performance

    Throughout your employment you will use your best endeavours to contribute fully to the success of the Company and use all your abilities to promote its products, services and interests.

    which my original contract does not have. As the first is discussing that the company can alter my terms and conditions, does the fact that my contract does not have this include the work I am now carrying out now I am substantive in that position (and that they cannot alter this)?

    With the 2nd point it is saying I HAVE to sell as part of my role (and is a huge element of the role I have been offered). Does the fact that my original contract does not have this clause in it mean that this is an 'unreasonable or unsuitable' change for me. The role was never a sales role when I joined the company, but is heavily geared around this now - and this really scares me! I have never done a sales job, nor would I ever apply for one.

    I really hope one or both of these clauses can help me in some way....

    Please let me know your thoughts...

  3. #13
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    SarEl SarEl is offline Expert Advisor
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    These are simply statements of law. It changes nothing to the advice you have already had. If your role has been made redundant then the employer must seek to identify and offer you an alternative suitable role. If you unreasonably refuse such an offer (and the conditions under which you can refuse such an offer have already been explained) then the employer may decide that they will not pay your redundancy pay. That will leave you having to make a tribunal claim and leaving it to the tribunal to decide (in several months time) whether your refusal was reasonable or not.


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