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Original poster

Can I refuse a redeployment role based on illness and still receive redundancy pay?

7 replies

TheBoldLemur · 20/09/2026 07:22

Hey, I’m new so apologies if posting on the wrong place!

I’m currently facing redundancy - myself and one another. Our original 2 roles are being merged into 1. They have offered another position to apply to (team leader) and I vaguely match this with coaching/mentoring but not interested in staying or applying.

I personally don’t want to be there as this has all come about due to favouritism of another colleague. Whoever gets the team leader role will have them as boss - great!

I’m applying externally obvs. Voluntary redundancy is discretionary and they would need me as other person is on leave. I suspect they would turn it down.

I think if the other person applies for the team leader role they might interview. My worst fear is they give me the current (will be new role) and I actually don’t want to continue there. They have doubled the duties on job spec (same pay) and been off with stress before.

I’ve read that if I turn it down could be seen as unreasonable and would have to work a 4 week trial to get the redundancy. Ideally they’d look at past work related stress absence, but I’ve had no performance issues and perform highly.

It’s awkward as may have an interview lined up. Closing date for team leader role ends mid October as does consultation. Would you get redundancy if they offered work and you turned it down? I think this is horrible as my understanding is you’d lose it so sort of trapped.

I just want to walk away with redundancy money and not to keep employment due to the culture. It’s only statutory which is poor but something. I’m happy to add redundancy to CV and leave without anything. I suspect it will come down to interviewing us both - do I just mess it up or refuse to interview? I’ll speak to ACAS tomorrow. Thanks!

OP posts:
themonkey1978 · 20/09/2026 07:25

You're in the right place, and it's a stressful situation, so well done for getting informed early. Speaking to ACAS is a good move. Some points that might help going in (I'm not a lawyer, so do check with them):
You don't automatically lose redundancy pay by turning down a job. You only lose statutory redundancy pay if the employer offers you suitable alternative employment and you unreasonably refuse it. There are two separate tests:

  • Is the job suitable? A role with double the duties on the same pay is arguably not suitable.
  • Is your refusal reasonable? This is judged on your personal circumstances, so a previous work-related stress absence, and a real risk of it recurring with twice the workload, is exactly the kind of reason that counts.
Not applying for a vacancy is different from refusing an offer. Declining to apply for the team leader role shouldn't affect your redundancy pay. The risk only arises if they formally offer you a role. Put it in writing during consultation. Rather than deliberately doing badly at an interview, which could backfire or look odd later, consider telling them in writing that you don't wish to be considered for either role, and explaining why the merged role wouldn't be suitable for you: the doubled workload, the same pay, and your stress history. Ask for voluntary redundancy at the same time. That gives you a clear paper trail if they later claim your refusal was unreasonable. The trial period protects you rather than traps you. If you do end up in a new role, you get a 4-week trial. If it isn't suitable and you leave during the trial for a reason connected to the change, you keep your right to redundancy pay. Put your reasons in writing if you do this. Be careful with timing on external jobs. Don't resign before you've been given formal notice of redundancy, or it counts as resigning and you lose the pay. Once you're under notice, you can ask in writing to leave early for a new job and usually still keep your redundancy pay. Other points:
  • Statutory redundancy pay needs at least 2 years' continuous service.
  • It's worth asking whether they'd consider a settlement agreement or an enhanced package, since they clearly want to reduce headcount.
  • Citizens Advice, a union if you're a member, or the legal cover on your home insurance can also help.
Good luck with the interview, and I hope you get out of there on your own terms.
Original poster
TheBoldLemur · 20/09/2026 09:05

Thanks themonkey1978!

The consultation ends mid Oct. Interviews for team leader are the day afterwards. Without being silly, would suitable alternative work be classed as the new replacement role they have created after ceasing my current one? I think that’s what we’re saying, just to be sure!

They just said I’m deemed to have an interest in the new role and it’s ringfenced. The selection for this begins early November. I suspect being interviewed.

I have both job descriptions for current and proposed role. Do I highlight the increased duties at this point (consultation) and cite previous mental health/work related absence? I did go through occupational health before. OH advised them of potential future absences so there’s that. Annoyingly they haven’t uploaded my HSE stress documents from this year (only 2025) when I was signed off. I do have a long term MH diagnosis which they have classed as disability.

I think as my performance remains high they haven’t been able to go down that route instead trying to frame genuine work stressors as health. I have already highlighted lack of resource as a stressor so no idea why they’re reducing it further!

I know they said voluntary redundancy is at their discretion and I can see them wanting to use me to get work done now. It’s a team of 2. I will ask about garden leave and options there. I thought voluntary redundancy might be accepting defeat but the other option is doing the 4 week trial (if I got it) and being used further. Others have said to do that and leave at that point building up finances.

I know what you mean about accepting other work during this time. Might be best focusing once out of it as timing wise it’s tricky. I’ll speak to ACAS. Thanks so much! 😁

OP posts:
DwarfPalmetto · 20/09/2026 09:27

I would attend the interview and take the new job if offered and you want it. It's not worth missing the opportunity for the sake of redundancy pay that you may or may not get. You won't entirely need the redundancy money if you go from one job to the other, as you likely won't have any loss of income.

themonkey1978 · 20/09/2026 09:40

TheBoldLemur · 20/09/2026 09:05

Thanks themonkey1978!

The consultation ends mid Oct. Interviews for team leader are the day afterwards. Without being silly, would suitable alternative work be classed as the new replacement role they have created after ceasing my current one? I think that’s what we’re saying, just to be sure!

They just said I’m deemed to have an interest in the new role and it’s ringfenced. The selection for this begins early November. I suspect being interviewed.

I have both job descriptions for current and proposed role. Do I highlight the increased duties at this point (consultation) and cite previous mental health/work related absence? I did go through occupational health before. OH advised them of potential future absences so there’s that. Annoyingly they haven’t uploaded my HSE stress documents from this year (only 2025) when I was signed off. I do have a long term MH diagnosis which they have classed as disability.

I think as my performance remains high they haven’t been able to go down that route instead trying to frame genuine work stressors as health. I have already highlighted lack of resource as a stressor so no idea why they’re reducing it further!

I know they said voluntary redundancy is at their discretion and I can see them wanting to use me to get work done now. It’s a team of 2. I will ask about garden leave and options there. I thought voluntary redundancy might be accepting defeat but the other option is doing the 4 week trial (if I got it) and being used further. Others have said to do that and leave at that point building up finances.

I know what you mean about accepting other work during this time. Might be best focusing once out of it as timing wise it’s tricky. I’ll speak to ACAS. Thanks so much! 😁

Yes, you've understood it right. The merged role they've created is almost certainly what they'll treat as "suitable alternative employment." The fact that they've ringfenced it and said you're "deemed to have an interest" shows they're lining it up as that offer.

Your written consultation response is where you build your case, so I'd use it for this:

1. Put the two job descriptions side by side. List the duties that have been added, and point out that the pay and grade haven't changed. Suitability is judged on the duties, pay, status, hours and your own skills and circumstances. Doubling the workload on the same pay is a strong argument that the role isn't suitable.

2. Raise your health and disability now, in writing. Acas lists "health issues stop you from doing the job" as a valid reason to turn down an alternative role. You also have three things backing you up:

  • Occupational Health has already told them to expect future absences.
  • You have a stress absence on record, and lack of resource was a stressor you had already raised.
  • They've accepted your condition counts as a disability. That means they have legal duties to consider reasonable adjustments, and a role that doubles the workload you've already said makes you ill is hard to defend on that basis.
Ask for this year's HSE stress risk assessment to be added to your file. If they don't do it, you can make a subject access request for your records.

3. Say clearly that you don't want to be considered for either role, and ask for voluntary redundancy. Acas says "you should not have to apply for the role," although if more than one person wants a job, the employer can run a fair process such as interviews. Declining to go forward and giving your reasons in writing is much safer than deliberately doing badly at an interview. A weak interview could still end with them offering you the role, and then you'd have left no paper trail showing why it isn't suitable.

4. Ask them to confirm in writing whether they accept that the merged role isn't suitable for you, and that you'll keep your redundancy pay if you decline it. It's also worth asking whether they'd consider a settlement agreement or an enhanced package. They want to cut a post, so they have a reason to negotiate.

The trial isn't a trap. If they do offer you the role and you accept it, you get a 4-week trial. You can leave during that trial, without giving extra notice, if the role isn't suitable, and keep your right to redundancy pay. Put your reasons in writing if you do. So "take it, build up some savings, and leave in the trial" is a real option, but think carefully about whether four weeks of doubled workload is good for your health.

On the external interview:

  • Don't resign before you've been given formal notice of redundancy.
  • Once you're under notice and have 2+ years' service, you're entitled to reasonable paid time off to look for work. The pay for it is capped at 40% of a week's pay.
  • If you get a job while you're under notice, you can give written counter-notice to leave early and still keep your redundancy pay. The timing rules are fiddly, so check them with Acas first.
  • Before you're under notice, you'd need to use annual leave or ask for the time off.

Given the disability angle, it's also worth asking Acas about the Equality Act side specifically, or getting a free first consultation with an employment solicitor. Your home insurance may include legal cover too.

You're not accepting defeat by asking for redundancy. You'd be choosing your exit on your own terms. Good luck!

Useful links:

Redundancy: your rights

Being made redundant - rights, statutory payments you're entitled to, notice periods and consultation, finding a job.

https://www.gov.uk/redundancy-your-rights/suitable-alternative-employment

Original poster
TheBoldLemur · 20/09/2026 17:14

themonkey1978 · 20/09/2026 09:40

Yes, you've understood it right. The merged role they've created is almost certainly what they'll treat as "suitable alternative employment." The fact that they've ringfenced it and said you're "deemed to have an interest" shows they're lining it up as that offer.

Your written consultation response is where you build your case, so I'd use it for this:

1. Put the two job descriptions side by side. List the duties that have been added, and point out that the pay and grade haven't changed. Suitability is judged on the duties, pay, status, hours and your own skills and circumstances. Doubling the workload on the same pay is a strong argument that the role isn't suitable.

2. Raise your health and disability now, in writing. Acas lists "health issues stop you from doing the job" as a valid reason to turn down an alternative role. You also have three things backing you up:

  • Occupational Health has already told them to expect future absences.
  • You have a stress absence on record, and lack of resource was a stressor you had already raised.
  • They've accepted your condition counts as a disability. That means they have legal duties to consider reasonable adjustments, and a role that doubles the workload you've already said makes you ill is hard to defend on that basis.
Ask for this year's HSE stress risk assessment to be added to your file. If they don't do it, you can make a subject access request for your records.

3. Say clearly that you don't want to be considered for either role, and ask for voluntary redundancy. Acas says "you should not have to apply for the role," although if more than one person wants a job, the employer can run a fair process such as interviews. Declining to go forward and giving your reasons in writing is much safer than deliberately doing badly at an interview. A weak interview could still end with them offering you the role, and then you'd have left no paper trail showing why it isn't suitable.

4. Ask them to confirm in writing whether they accept that the merged role isn't suitable for you, and that you'll keep your redundancy pay if you decline it. It's also worth asking whether they'd consider a settlement agreement or an enhanced package. They want to cut a post, so they have a reason to negotiate.

The trial isn't a trap. If they do offer you the role and you accept it, you get a 4-week trial. You can leave during that trial, without giving extra notice, if the role isn't suitable, and keep your right to redundancy pay. Put your reasons in writing if you do. So "take it, build up some savings, and leave in the trial" is a real option, but think carefully about whether four weeks of doubled workload is good for your health.

On the external interview:

  • Don't resign before you've been given formal notice of redundancy.
  • Once you're under notice and have 2+ years' service, you're entitled to reasonable paid time off to look for work. The pay for it is capped at 40% of a week's pay.
  • If you get a job while you're under notice, you can give written counter-notice to leave early and still keep your redundancy pay. The timing rules are fiddly, so check them with Acas first.
  • Before you're under notice, you'd need to use annual leave or ask for the time off.

Given the disability angle, it's also worth asking Acas about the Equality Act side specifically, or getting a free first consultation with an employment solicitor. Your home insurance may include legal cover too.

You're not accepting defeat by asking for redundancy. You'd be choosing your exit on your own terms. Good luck!

Useful links:

Show quote history

Thanks so much themonkey1978! 😀How do you know so much about all this if you're not a lawyer? It's amazing! I will speak to ACAS tomorrow

OP posts:
Gengha · 20/09/2026 17:16

themonkey1978 · 20/09/2026 07:25

You're in the right place, and it's a stressful situation, so well done for getting informed early. Speaking to ACAS is a good move. Some points that might help going in (I'm not a lawyer, so do check with them):
You don't automatically lose redundancy pay by turning down a job. You only lose statutory redundancy pay if the employer offers you suitable alternative employment and you unreasonably refuse it. There are two separate tests:

  • Is the job suitable? A role with double the duties on the same pay is arguably not suitable.
  • Is your refusal reasonable? This is judged on your personal circumstances, so a previous work-related stress absence, and a real risk of it recurring with twice the workload, is exactly the kind of reason that counts.
Not applying for a vacancy is different from refusing an offer. Declining to apply for the team leader role shouldn't affect your redundancy pay. The risk only arises if they formally offer you a role. Put it in writing during consultation. Rather than deliberately doing badly at an interview, which could backfire or look odd later, consider telling them in writing that you don't wish to be considered for either role, and explaining why the merged role wouldn't be suitable for you: the doubled workload, the same pay, and your stress history. Ask for voluntary redundancy at the same time. That gives you a clear paper trail if they later claim your refusal was unreasonable. The trial period protects you rather than traps you. If you do end up in a new role, you get a 4-week trial. If it isn't suitable and you leave during the trial for a reason connected to the change, you keep your right to redundancy pay. Put your reasons in writing if you do this. Be careful with timing on external jobs. Don't resign before you've been given formal notice of redundancy, or it counts as resigning and you lose the pay. Once you're under notice, you can ask in writing to leave early for a new job and usually still keep your redundancy pay. Other points:
  • Statutory redundancy pay needs at least 2 years' continuous service.
  • It's worth asking whether they'd consider a settlement agreement or an enhanced package, since they clearly want to reduce headcount.
  • Citizens Advice, a union if you're a member, or the legal cover on your home insurance can also help.
Good luck with the interview, and I hope you get out of there on your own terms.

This is correct

Original poster
TheBoldLemur · 20/09/2026 18:21

Gengha · 20/09/2026 17:16

This is correct

Show quote history

Thanks too Gengha and for everyone's time on this matter!

Is there anything specific I should be asking for? The only other things I can think of under a settled agreement would be agreement to a reference, working out annual holiday accruals, asking for a training course to be marked so I'm not waiting on results and I guess garden leave

Re handing back equipment - I think given that systems would be blocked and entry access to office etc it would be favorable to meet in a separate area of the building with another staff member as I can't really face all of them. I don't think it's appropriate to be working in the office and carrying out duties to work remotely until garden leave. Would they agree to that if someone was going voluntarily?

Based on some recent interactions it is very clear that boss had already disclosed the exact redundancy plans in advance and I think the whole thing has been handled unprofessionally.

The consultation meeting invite was sent after the working day and no standard mention of brining a Union Rep etc. I thought they had to do that? Thanks

OP posts:
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