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If you do not, you could lose your right to redundancy pay. Acas early conciliation teamTelephone: 0300 123 1122Monday to Friday, 8am to 8pmSaturday, 9am to 1pm. You have a right to redundancy pay if you’ll have worked for your employer for at least 2 years by the time your current job ends. It was found that the redeployment of the employee could have been accommodated at the time of dismissal. Tell your employer in writing if you don’t want to accept an alternative job. Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. In examining the events which had occurred, the FWC concluded that although there had been “numerous discussions and exchanges” about alternative roles, it was not convinced that those discussions and exchanges had crystallised into an actual offer to the employee. All rights reserved | Privacy Policy, Level 11, 307 Queen Street, Brisbane QLD 4000, Unfair dismissal application numbers soar during COVID-19 crisis, Workplace Sexual Harassment is a Board and Business Owner liability issue, Jobkeeper 2.0 – Implications for flexibility in employment, Covid 19 is no reason for taking your eye off the ball on wages compliance. Redundancy and redeployment – the Devil is in the detail. 45.12   A Staff Member who is retrenched will be entitled to a retrenchment benefit in accordance with the table: (a) a lump sum payment calculated in accordance with the Continuous Service Scale, Calculated at the Staff Member's Base Salary (excluding loadings) at the date of cessation, (b) any entitlements to accrued annual leave, Calculated in accordance with sub-clause 27.15, (c) any entitlements to long service leave, Calculated in accordance with sub-clause 29.10. If you did a trial period of an alternative job, the time limit runs from the end of your trial period. Is there anything wrong with this page? Introduction to the Citizens Advice service, Future of advice: our strategic framework 2019-22, Check how much redundancy pay you can get, Being laid off or put on short-time working, offer you the new job in writing or orally, make the offer before your current job ends, make sure the new job starts within 4 weeks of your current job ending, give you enough detail about the job to understand what you’d be doing and how it would be different to your current job, refuse the alternative job before your current job ends, or before the end of the alternative job’s 4-week trial, give a good reason for refusing your new job, longer journey to work or lack of public transport, disruption to your family life, eg problems with childcare. If they don’t, your redundancy could be unfair. In a redundancy situation if a vacancy is available and is offered to an employee who is at risk of dismissal, they lose their right to a statutory… Check the terms of the redundancy scheme to see if they mirror the statutory position. Become your target audience’s go-to resource for today’s hottest topics. The duty to make reasonable adjustments in relation to disabled employees is long established in the UK. Understand your clients’ strategies and the most pressing issues they are facing. Consider: The relevant legislation does not dictate what happens to contractual redundancy pay in these circumstances. You can find out more or opt-out from some cookies. You may not be eligible for statutory redundancy pay if your employer offers you a. This means the employer must pay the employee £350 redundancy pay a week. Redundancy: when is it unreasonable to refuse an offer of suitable alternative employment? (d) confirm that the redundancy and retrenchment will proceed as advised. Most other claims only give you 3 months minus 1 day. Also, that they would apply to the FWC to have the severance payment reduced because the employee had not accepted the alternative employment which was offered. 45.13   In addition to the Retrenchment Benefit, a Staff Member whose position has been made redundant and is not receiving a Voluntary Redundancy Benefit referred to in sub-clauses 45.15 – 45.17 will also be entitled to: (a) up to $1000 (inclusive of GST) in financial support to be used towards independent financial advice, payable upon the provision of a receipt to the University; (b) career transition support of up to $2500 (inclusive of GST) payable on receipt of invoice or receipt. 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Before your employer makes you redundant they might offer you another job in the organisation. You can also call Acas. In this article, we summarise an employee’s redeployment rights in the specific context of a redundancy situation and how an employer can reduce the risk of workplace dispute, complaint or tribunal claim. Registered charity number 279057 VAT number 726 0202 76 Company limited by guarantee. Was the employee given enough time to make up their mind? They normally work 30 hours a week and have agreed to be furloughed for half this time. The employee must receive £300 a week redundancy pay as their wages must be topped up to 100%. The duration of the alternative role. Keep a step ahead of your key competitors and benchmark against them. A role which will only last for a few months is likely to be unsuitable. Please contact customerservices@lexology.com. Please tell us more about why our advice didn't help. Advice can vary depending on where you live. The employee's skills, aptitudes and experience and whether they meet the requirements of the new role. They now work for 15 hours a week on full pay, receiving £10 an hour. If there is a genuine redeployment option available, even if the employee has indicated that they are not happy with the option, it is important to formally offer the redeployment opportunity to the employee. A Staff Member will have a period of 2 weeks from the date of notification to accept this offer. Disputes about whether employment is suitable or whether your refusal is unreasonable, can be decided by an Employment Tribunal. For example, if your weekly pay is usually £300 but you received 80% pay while on furlough, your redundancy pay must be your full normal pay of £300 a week. We use cookies to improve your experience of our website. If a Staff Member submits an application for voluntary redundancy within 2 weeks of the date of the invitation and the University accepts the application, the Staff Member will be entitled to a lump sum payment of 4 weeks salary in addition to the voluntary redundancy benefit. If you’ll have worked for your employer for at least 2 years by the time your job ends, your employer has to look for other jobs they could offer you. 45. 45.8   Where appropriate, the University may offer a Staff Member a trial redeployment period (Trial Period) provided that the trial period is no longer than the relevant notice period. Your trial period still only lasts 4 weeks if you’re ill or on holiday for part of it. How similar are they to the old role? To work out their weekly pay, the employer adds up the 6 weeks of pay during furlough, at their full normal pay of £300 a week.

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