Introduction
Are you facing redundancy at work and unsure about your options? This article will guide you through the process of suitable alternative employment, helping you understand your rights and the steps you can take. Whether you’re considering accepting a new job offer or opting for redundancy pay, knowing your entitlements is crucial. If you need further assistance, Contend’s highly trained AI legal experts are here to provide guidance and help you navigate your legal concerns. With Contend, you can access the easiest legal help in the UK.
If your employer is considering making you redundant, they might offer you another position within the organization. This is known as “suitable alternative employment.” Here’s what you need to know about your options.
Accepting the New Job
If you decide to take the alternative job, it’s important to inform your employer in writing. Be sure to ask for a new contract, a job description, and details about any changes to your pay or other employment terms.
However, you might not want the new job. It could pay less or involve different responsibilities than your current position. If you have valid reasons for refusing the job, you may be eligible for redundancy pay instead, provided you have worked for your employer for at least two years by the time your current job ends.
Your Rights Regarding Alternative Job Offers
Your employer must follow certain guidelines when offering you an alternative job. They should:
- Provide the offer in writing or verbally.
- Make the offer before your current job ends.
- Ensure the new job starts within four weeks of your current job ending.
- Give you enough information about the new role so you can understand what it entails.
If these conditions aren’t met, you can refuse the offer and still claim your redundancy pay.
Trying Out the New Job
If you’re unsure about the new position, you can try it out for up to four weeks. This trial period can start anytime within four weeks after your current job ends. Even if you’re sick or on holiday during part of this time, you still have the full four weeks to assess the new role.
If you need extra training for the new job, you and your employer can agree to extend the trial period. Make sure to get this agreement in writing, including a clear end date.
Refusing the New Job
If you choose not to accept the alternative job, inform your employer in writing. Make sure they confirm that you will receive redundancy pay. To qualify for redundancy pay, you must:
- Refuse the alternative job before your current job ends or before the end of the four-week trial.
- Provide a reasonable explanation for your refusal.
Good reasons could include:
- The new job pays less.
- The commute is longer or lacks public transport options.
- There are additional costs associated with getting to the new job.
- It disrupts your family life, such as childcare issues.
- Health concerns.
Job Location Changes
If the new job is in a different location, check your employment contract for a “mobility clause.” This clause may require you to work at different locations as directed by your employer.
- If there’s no mobility clause: You can refuse the new job if the commute is longer or more expensive, and still receive redundancy pay.
- If there is a mobility clause: Your employer may not owe you redundancy pay if you refuse the job based on location changes.
If you’re unsure about your rights regarding a mobility clause, consider reaching out to Contend’s legal expert chat for guidance.
What to Do If Your Employer Denies Your Redundancy Pay
If your employer does not accept your reasons for refusing the new job, you can take several steps:
Step 1: Talk to Your Employer
Start with an informal conversation. Explain your reasons for refusing the job and see if you can resolve the issue.
Step 2: Raise a Grievance
If talking doesn’t help, you can formally raise a grievance. Write a letter explaining why you believe the job wasn’t suitable and request your redundancy pay. Even if your employer doesn’t have a formal grievance procedure, you can still make your concerns known.
Step 3: Early Conciliation
If raising a grievance doesn’t resolve the issue, you can seek “early conciliation” through Acas, an independent organization that helps resolve workplace disputes. You need to apply for early conciliation within six months minus one day from the date you turned down the job offer.
You can apply for early conciliation on the Acas website or call their helpline.
Acas Early Conciliation Team
Phone: 0300 123 1122
Hours: Monday to Friday, 8am to 8pm; Saturday, 9am to 1pm
Step 4: Take Your Employer to a Tribunal
If all else fails, you can take your employer to a tribunal. This should only be considered if you’ve gone through early conciliation without reaching an agreement. You typically have at least a month after the early conciliation process to file a claim.
If you’re considering a tribunal claim, it’s wise to seek advice from Contend’s legal expert chat, as the process can be complicated.
Conclusion
Navigating job offers during redundancy can be challenging, but understanding your rights and options can make the process smoother. Whether you choose to accept the new position or pursue redundancy pay, it’s essential to communicate clearly with your employer and document everything in writing. If you need assistance, don’t hesitate to reach out to Contend’s legal expert chat for support. Contend is the Easiest Legal Help in the UK.
For more info, check out some of our related articles:
- Refusing Suitable Alternative Employment: Know Your Rights in the UK
- Maximize Your Settlement Agreement Redundancy Package in the UK
- Key Redundancy Consultation Questions for Fair Treatment
- How to Claim Redundancy Pay in the UK: Know Your Rights
- Facing Redundancy in the UK? Learn Your Rights and Challenge Unfairness
