Refused redundancy pay

[TheSunAlwaysShines1]

My company was taken over last year. I was part of a TUPE transfer.

I have 2 different roles with 2 separate contracts.

Job 1 is 30 hrs per week and higher hourly rate. Job 2 is 5 hrs a week.

I have been made redundant from job 2. They offered me additional hours to job 1 as suitable alternative employment, however the jobs aren't comparable. I declined these hours due to job 1 being physically and mentally demanding- in the long run bad for my health.

Job 2 isn't really being made redundant as it's being extended to full-time. I was offered this but it would have meant giving up job 1 which is better paid at fewer hours. My work in job 2 hasn't been made redundant it will be given to someone else.

I don't believe this is a true redundancy. Have I grounds to appeal?

The key point is whether job 2 is still available/ if so then it shouldn’t be redundant

Job 2 is being advertised. I can't do job 1 and job 2 simultaneously and it would be a 60 hour week. Job 1 pays better.

During redundancy consultation they confirmed why I hadn't accepted extended hours of job 2. They stated they wanted 1person doing this role for 39 hrs and not one person doing 5 hrs (me) and someone else doing the remaining 25 hrs. I have this written in black and white.

Sorry 30 hours (so just shy of full-time)- they put it to me in the redundancy process they wanted 1 person working 30 hours so don't want me doing my 5 hours and the new person doing 25 hours.

So in effect I'm having my hours Akan away and given to someone else!

The rules on redundancy when a person has multiple contracts are complex but this might help you

www.local.gov.uk/sites/default/files/documents/employers-e-guide-no7-gui-918.pdf

Thanks cloudtree i will have a read.

Is there currently somebody else doing the additional 25 hours? If not then it could be argued that the 5 hour role no longer exists as it is now a 30 hour role (with 30 hours worth of duties)
You have been offered the role and turned it down so they have done everything right so far

Sorry. I've just reread and seen you were TUPE transferred. Do you know the terms of that?

Although I was offered job 2 on extended hours it meant giving one job up over the other. They would clash- my hands been forced so to speak, I decided to keep job 1 as more money. The tasks I perform still need doing.

I think we still have to follow the new companies procedure when it comes to redundancy even though I was transferred by TUPE.

My line manager has been promoted. So her old job is available. They wanted to extend my hours to cover this.