Redundancy - Told to accept alternative job or hand in notice!

[kookoo73]

My husband was put on notice of redundancy 30 days ago. He had a couple of consultation meetings in the first week, and was told he would be offered a new position. They finally sent some vague Ts and Cs for the alternative job this Tuesday (day 26 of Consultation process). He had various questions with regard to the details of the Ts and Cs and the differences in the contract from his previous contract. He has not received any satisfacory responses other than an email saying the new Ts and Cs will not be changed. He did not ask for it to be changed he asked for clarification on certain points that are not clear in the Ts and Cs.. Anyhow as there are a number of changes that basically amount to a drop in status and pay, and their unwillingness to specify points in the Ts and Cs in more detail he wrote yesterday saying he did not want the new position and listed clearly his reasons. He swiftly received a response from the man who would be his new line manager stating, he is not being offered redundancy pay he is being offered a new job and if he does not accept it he is effectively handing in his notice!! Pretty sure this is not how the redundancy process works... They may well disagree with his refusal of the position and it could go to a tribunal etc but they cannot tell him that basically the options are accept the position or your out.. That is not how the redundancy process works. Am I wrong? Can they say/do this? On top of this, e currently has a company car and fuel card this is part of his current contract, he went to use the fuel card yesterday and it has been stopped! Pretty sure thay can't do that either!

Are you pushing for redundancy? The redundancy payouts are never very much. Surely him having a job is better in the long run. If he isn't happy he could always take the job offered and then look for something else.

The burden of proof is on your husband

Wrong. If it goes to tribunal it will be up to the employer to prove that the alternative role offered was suitable and that the OP's husband was unreasonable to reject it. The burden of proof is very much on them.

Those changes to the contract sound reasonable as a response to changes economics

An alternative role is only suitable if the terms and conditions are not substantially less favourable to the employee than their existing terms and conditions. Economics don't enter into it. Having sound business reasons doesn't enter into it. If the alternative role involves the employee losing out significantly it is not a suitable alternative and the employer must pay redundancy. And a flexibility clause is not a get out of jail card for the employer. They cannot use it to make changes that will significantly disadvantage the employee.

Just to repeat, given that the change apparently involves loss of a company car, loss of sick pay benefits, lower overtime rates, etc. I think the employer will struggle if this goes to tribunal.

OK, thankyou for all the responses. He will get on to ACAS and the union today and also I guess HR, and we will just see what happens. I think he has lost all faith in the company and has put his CV out already to get a feel of the market, he has had a good response, so is not feeling too worried about finding a new job. As he has been working for them for so many years he is entitled to a minimum of 12 weeks notice, which will hopefully be plenty of time to find a new job.

OP, please get real life advice asap. I don't think what people are telling you has sunk in. They're not going to give him 12 weeks notice as they're not making him redundant. He needs to decide whether to take up the new job or leave and make a claim via employment tribunal for his redundancy money.