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Alternative role offer while on adoption leave...

Discussion in 'Employment & HR' started by Petey0509, Feb 4, 2018.

  1. Petey0509

    Petey0509 UKBF Newcomer Free Member

    5 0
    Hi

    I'm currently on adoption leave and my company has restructured and is in consultation with its staff. I was asked to attend a one to one consultation meeting to discuss an alternative role. I am a FE trainer and teach healthcare and some employability in short courses as well as teaching health care workers in their workplace. The new role is teaching employability only and had changed from regional to national meaning my travelling distance has increased dramatically as well as being expected to stay away in hotels for up to 5 days at a time. With my new family situation this is impossible. I emailed my employer saying the role wasn't suitable as the subject is not my specialism and because of the change of location as well as highlighting childcare problems. They responded in a letter saying they didn't think that the role was unsuitable because delivering employability was part of my previous job. They also disregarded my childcare needs and change in location. I have now wrote to formally refuse the alternative role and expressed that I will be seeking redundancy. I've only been with the company for 4 years so it's not a massive payout. As far as I can gather, there is no case to dispute my claim for redundancy. Teaching healthcare is my drive and the reason I joined the company.

    The problem is they seem to have ignored my letter. I haven't heard anything for over 2 weeks from them receiving it. Is there a time limit for them to respond? I'm confused of when the notice period would start if triggered by an employee and I haven't a clue what to do now?

    Any advice would be most appreciated.

    Feel free to ask questions if you need more information to help me.

    Many thanks in advance.

    Petey
     
    Posted: Feb 4, 2018 By: Petey0509 Member since: Feb 4, 2018
    #1
  2. Newchodge

    Newchodge UKBF Big Shot Free Member

    8,855 2,251
    2 weeks is a lifetime in your situation and a moment in time for an employer handling an organisation-wide reorganisation.

    Is the organisation no longer supplying the teaching that you did previously? If they are you have a very strong case to return to that role as your right to return outweighs the rights of anyone else under threat of redundancy.

    i suppose you are not a trade union member?
     
    Posted: Feb 5, 2018 By: Newchodge Member since: Nov 8, 2012
    #2
  3. Petey0509

    Petey0509 UKBF Newcomer Free Member

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    Thank you for your reply.

    I'm not a member of any trade union.

    No, they have stopped that part of the business for economic reasons.
     
    Posted: Feb 5, 2018 By: Petey0509 Member since: Feb 4, 2018
    #3
  4. Newchodge

    Newchodge UKBF Big Shot Free Member

    8,855 2,251
    In that case, they will continue with their process, see if they can offer you anything else and eventually terminate your employment on the groiunds of redundancy. They may claim that the offer was a suitable alternative and deny your redundancy payment. You would appeal that decision on the basis that the changed location and travelling requirements clearly make it unsuitable. You may have to take a legal claiml. Does the organisation have a company redundancy procedure with enhanced benefits (ie more than statutory benefits)? If it has you can make your claim in the county court, with a 6 YEAR deadline. If you are only entitled to statutory redundancy money your claim is to the employment tribunal and has to be lodged within 6 MONTHS of your termination date.
     
    Posted: Feb 5, 2018 By: Newchodge Member since: Nov 8, 2012
    #4
  5. Petey0509

    Petey0509 UKBF Newcomer Free Member

    5 0
    Many thanks, I believe it's statutory redundancy only. I'm assuming they have to write with a termination date? Only I won't know when the 6 months would be up? Do they also have to let me know when consultation is completed? They haven't said anything and it's been going on a while.
     
    Posted: Feb 5, 2018 By: Petey0509 Member since: Feb 4, 2018
    #5
  6. Newchodge

    Newchodge UKBF Big Shot Free Member

    8,855 2,251
    You are still in exactly the same position as you were before you rejected the alternative employment. they may find another alternative for you, or they may not. Either way they have to write terminating your employment by reason of redundancy. You remain employed (technically in your old role) until you receive that letter.
     
    Posted: Feb 5, 2018 By: Newchodge Member since: Nov 8, 2012
    #6
  7. Petey0509

    Petey0509 UKBF Newcomer Free Member

    5 0
    Guess it's just a waiting game. Maybe they'll have a change of heart.
    They have already changed the nature of the business and people are doing the new roles but they are still in consultation too, so I'm not sure if they will just remain in limbo until those who don't want to change leave on their own accord. A great many have already just walked. This waiting and not knowing is worse than anything they may do!
     
    Posted: Feb 5, 2018 By: Petey0509 Member since: Feb 4, 2018
    #7
  8. Petey0509

    Petey0509 UKBF Newcomer Free Member

    5 0
    Thank you for your help.
     
    Posted: Feb 5, 2018 By: Petey0509 Member since: Feb 4, 2018
    #8