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[Closed] Redundancy experts assemble! Can you reject an alternate job and take the cash?

Ewan · 2019-04-01T22:07:16Z

I have a friend (not in a union) who is in a bit of a quandary. He’s being made redundant and has been messed about by his work, long story short he was asked to interview for another (slightly more junior) role and has now been offered the role with the same T&Cs and salary. Whilst this messing around was going on he was proactive and being an employable type of person, interviewed and has been offered another job somewhere else. This other job is fairly attractive (comparable salary, something different, can run to work) so he’s quite keen to take it; ideally with his (fairly sizable – much bigger than statutory) redundancy money. Having looked into it seems that you can reject an offer of alternative job if they don’t follow the correct procedure or for another ‘good’ reason. So a few questions to the more employment law orientated amongst you… If the company makes you go through a formal interview process, does this still count as an alternative job offer? Is an effective demotion (previous role has been split into two, one lower and one higher – he is being offered the lower one) a good reason to reject the job? They’re offering the same money as his old role but this means there is pretty much zero head space in the pay band and it’s a dead man shoes type of company. Status is mentioned as a ‘good’ reason on a few websites – I assume this would count. If he rejects the job, for the lower role reason, can they then change his redundancy to be just the legal minimum? Is there any downside to asking his employer whether, if he rejects, they’re still expecting to pay him his redundancy? I figure there is no downside, as he’ll find out whether they’re planning to be dicks about it. Should he ask his employer whether the job is open to a 4 week trial period? If they say no, I assume this means that this isn’t an alternative offer of employment as the 4 week trial period is a key characteristic…

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tjagain

Posts: 45104

Full Member

constructive dismissal is a waste of time in this sort of case.

Unfair dismissal because of a faulty redundancy is much easier to show and is usually so obvious that once the companies lawyers see your case they don't want to go to tribunal but pay you off instead.

I got 7 months paid leave while they mucked about and a £7000 payoff when I was entitled to one months notice and a £400 payoff. I ( and my missus) ripped their HR bod apart to the extent I felt sorry for him (almost)

Posted : 02/04/2019 5:14 pm

poly

Posts: 9277

Free Member

Its a legal requirement as is the need to get the advice

I think only for a compromise agreement - not for redundancy - for simple redundancy there is normally no legal advice required.

Posted : 02/04/2019 5:31 pm

theotherjonv

Posts: 25244

Free Member

I think you're right poly. Because a settlement agreement is settling your rights to any future claim against them, you need to understand what you're giving up.

Posted : 02/04/2019 5:36 pm

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