Redundancy and suitable alternative role

[Saddogmum73]

Hi, I am looking for advice on redundancy and suitable alternative role.

My sister has been working for an organisation in a very specific role for several years and her role is going to be removed in a reorganisation which is due to happen shortly. There is a role which she knows is being written that she thinks is going to be offered to her. It is very different to her current role, albeit the same salary and level. Would she have grounds to request being made redundant? we have been looking and know that if suitable alternative role is offered this means redundancy is not an option and she would then have to resign. However, hoping there are HR experts that could provide some guidance.

This is the advice on an alternative job on the ACAS website. There’s more general advice as well so I would read it. For me, it might friend on training offered and career progression. If it’s a decent employer it could be worth investigating.

Thanks, I think the issue is it’s the same level, salary and no physical impairment or travel reasons why she can’t do it. It’s just not a role she wants to do, and seems a harsh that it will force her into a role she doesn’t want to do. Effectively it will force her to resign which seems to work in the employers favour.

The key thing is the job content. Make sure she has an accurate job description for her current role.

No it isn't. Unless she is clearly not capable of the role, then unless the employer agrees that she doesn't have to take it, she would struggle on a legal basis to force redundancy.

OP, your sister can ask for redundancy. Given this is the same terms and salary, she would struggle to force the employer to redundancy. Yes, there would be a financial benefit if she left of her own accord, but equally few employers relish having staff in jobs that they hate.

What people seem to fail to recognise is that redundancy pay is not a reward for losing your role. Redundancy pay is compensation for losing your employment, and the law operates on the basis that there was no possible way to retain employment - nothing to do with the role. Not wanting an alternative role cuts very little ice in legal terms. But, as I said, an employer may be willing to negotiate, as an unwilling employee is often neither use nor ornament.

@Saddogmum73 She has a trial period. Read what ACAS say. I would also say negotiate. Try and get the new JD to match skills more closely. I would be open to training though. After reorganization, I’ve done jobs out of my comfort zone and yes, it’s a challenge. But I’d rather have the job. Plus why not ask for a pay rise?

If it is a suitable alternative (so no redundancy) then rather than resign can’t she take the job and see how it goes. She can be job hunting in the meantime for something she prefers.

I have experience in dealing with this situation, but I have not got a clue here because you haven’t explained the nature of the roles sufficiently.

So we know they are the same salary and seniority, that is a start. Are they in the same type of function e.g. are the two jobs both in finance, marketing or IT or whatever? Would she on paper have the necessary qualification, skills and experience for the new role, regardless of the fact that she doesn’t want to do it (that is irrelevant I am afraid)

It’s quite often difficult to get an exact fit with the new job. Employees usually have to display some flexibility. Be willing to transfer skills. Employers have to offer training. Clearly moving from finance to HR might be a stretch, for example, but other moves may well be reasonable.

She may be able to try the role for a period and retain redundancy rights if it does not suit.

@LIZS Acas says you have a right to a trial in the new job.

That isn't the same thing as a right to turn it down and get redundancy pay though. Two very different things.

That clearly was not what I was talking about in my response to LIZS and her post. If you accept the alternative job and have a trial period, but it’s not suitable, you can still get redundancy. However it’s best to agree this before taking the job for a trial
period. A decent employer would agree to this. The new job must be unsuitable for valid reasons though. You can also negotiate training time. To avoid redundancy payments it’s often a good idea to redeploy and look at job design to help a good employee stay. Especially in a job you might find it difficult to recruit into.

The employer is surely going to be off the opinion that it is a suitable alternative role. The employee is entitled to a trial, but if they decide they don't like the role, they would still need to put forward the case for it not being a suitable alternative - just as they would had there not been a trial.

And no a decent employer would not agree that if the employee decides the job isn't for them after a trial they will agree to redundancy. An employer, even a decent one, has a duty to not waste resources (money) on unnecessary redundancy costs.

How is it wasting money? You have made a job redundant and the employee might still be getting redundancy pay after the trial if the reason it’s not an acceptable alternative is valid. See ACAS. They must be offered an alternative job if there is a suitable one. The issue is what is suitable.

In your scenario - the employee would be mad not to grab the money and never go near another possible job. They should fight like hell to not take the job. Why lose redundancy pay if, after 4 weeks they just had to leave with nothing? To save the company money, they should be offered a suitable job, which might avoid payment of redundancy pay if it’s a successful move. Could be good for everyone. There are rules about this but it makes some sense to negotiate.

In industries where it’s difficult to recruit and the employee is valued, it might be a sensible approach to accommodate them. Saving money by a company not accepting a redundancy situation after a trial is not what a good employer does. It’s not about avoiding paying redundancy where a job is clearly redundant.

I've just been through a restructure with work and looked in to this scenario as they were changing the job title and description of everyone in my role and didn't need as many of us.

During our consultation I spoke to ACAS and a very senior HR relative, both said the same thing. If the company has a role for you at the same level / pay that you don't accept you can be deemed to be making yourself voluntarily out of work so not obliged to pay redundancy.

In our case they decided not to force any one into this role so if you volunteered for redundancy they would allow you to go, even if it potentially left them with vacancies. It's not uncommon for companies to do this where there's a significant change in role, but legally they don't have to. It's a little bit different if they're asking you to apply for a new role rather than just offering it though.

There does have to be appropriate consultation regardless, and the numbers involved effect how long that is (I think 20 makes it 3 months rather than 1 month but I'd have to double check that).

Worth pursuing the opportunity for redundancy and if they agree then they may still try and persuade a trial period in the new role, but the agreed redundancy terms should still be honoured if the role is not taken up permanently. The key is to have the agreement that this is a redundancy situation and a severance agreed as you wouldn't be able to take the job, decide you don't like it and then try to persuade them to make you redundant (well, unlikely to be successful is more accurate, you'd effectively be handing in your notice so no need to pay redundancy).

Again they've done this to plug the gaps at my ex company until they recruit, offering those that have accepted redundancy a chance to work in the new role and gain the experience for 6 months but still walk away with the redundancy package after that (or earlier if they decide to). This is a bit unusual and only because it suits the business to minimise vacancies and have someone experienced in post to hand over to new starters.