Tim The Business Doctor

Tim The Business Doctor

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Tim The Business Doctor
Tim The Business Doctor
Tuesday Q&As

Tuesday Q&As

22.3.22

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Tim The Business Doctor
Mar 22, 2022
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Tim The Business Doctor
Tim The Business Doctor
Tuesday Q&As
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Redundancy

Q. I am currently going through a redundancy process and due to be dismissed in three weeks. My employer has offered me another job at the same rate of pay and says if I don’t take it I will lose my redundancy pay. Is that right?

A. Your employer has a duty to identify and offer any suitable alternative employment as part of the redundancy process. In fact, failing to do so would, in all probability, render the dismissal unfair. What is suitable alternative employment has caused much debate in the tribunals and it is for the employer to establish the alternative employment is suitable for you.

If you refuse to accept the alternative, you will lose the right to a redundancy payment, so there’s a lot riding on whether it is, or isn’t, a suitable alternative position. There are a number of factors to consider, in addition to whether or not the pay is the same. Is there additional travel to the workplace involved, will your status change as a result, i.e will you lose your level of seniority and does the new position fit with your family circumstances?

These are all factors to consider and only an employment can come up with the definitive answer, but if the job is broadly similar in pay, status and working arrangements, you will have little choice other than to accept it.

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