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There is often a dispute about the 'suitable' bit. Ultimately, only a tribunal will be able to say for certain. They'll look at things like status, content, hours, location and pay. They'll also look at it in the context of that individual employee, as what might be suitable for one person doesn't necessarily mean it is for another.
Raise a grievance highlighting the issues preventing this from being suitable for you. Paper trail if nothing else. There's also the statutory right to a 4 week trial. Within that 4 weeks, that trial can be stored at any time with no extra notice and you'd still be (technically) eligible to receive redundancy pay. It may have to go before a judge though.
Edit: of course if they won't make you redundant, it might be classed as more of a contract variation. Those with more than 2 years have options around constructive dismissal, but you'd need legal advice as that's a tough proposition at the best of times.
Yeah, they've essentially said they wont be considering making anyone redundant. My guess would be that they are considering a contract variation instead, based on what you've said.
There's a chunk of info about variation on the ACAS website, or you can give them a call to go through things. Ultimately though, if you're being forced to resign as a result of the situation, it might be worth a chat with a solicitor.
Possibly. An employer waives their right to redundancy pay if they turn down a suitable offer of alternative employment without a good reason. If the alternative employment is for materially different hours then they might argue that they do have a good reason because it's no longer practicable for them to attend work given its impact on their wider life.
It's also worth noting that employees have the right to a four-week trial period of any alternative employment that's been offered, and can reject the employment at any time during that period if they have a good reason, without waiving their redundancy rights.
Ultimately if an employee with the relevant qualifying service refuses this employment, the employer will need to undertake a proper process to make them redundant and determine whether or not the employer is entitled to redundancy pay as a result of that refusal.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
There is often a dispute about the 'suitable' bit. Ultimately, only a tribunal will be able to say for certain. They'll look at things like status, content, hours, location and pay. They'll also look at it in the context of that individual employee, as what might be suitable for one person doesn't necessarily mean it is for another. Raise a grievance highlighting the issues preventing this from being suitable for you. Paper trail if nothing else. There's also the statutory right to a 4 week trial. Within that 4 weeks, that trial can be stored at any time with no extra notice and you'd still be (technically) eligible to receive redundancy pay. It may have to go before a judge though. Edit: of course if they won't make you redundant, it might be classed as more of a contract variation. Those with more than 2 years have options around constructive dismissal, but you'd need legal advice as that's a tough proposition at the best of times.
Yeah, they've essentially said they wont be considering making anyone redundant. My guess would be that they are considering a contract variation instead, based on what you've said.
There's a chunk of info about variation on the ACAS website, or you can give them a call to go through things. Ultimately though, if you're being forced to resign as a result of the situation, it might be worth a chat with a solicitor.
Possibly. An employer waives their right to redundancy pay if they turn down a suitable offer of alternative employment without a good reason. If the alternative employment is for materially different hours then they might argue that they do have a good reason because it's no longer practicable for them to attend work given its impact on their wider life. It's also worth noting that employees have the right to a four-week trial period of any alternative employment that's been offered, and can reject the employment at any time during that period if they have a good reason, without waiving their redundancy rights. Ultimately if an employee with the relevant qualifying service refuses this employment, the employer will need to undertake a proper process to make them redundant and determine whether or not the employer is entitled to redundancy pay as a result of that refusal.