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Suitable Alternative Employment — Redundancy Rights and Trial Period Process

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I have been employed for 10 years, the last 6 as a specialist individual contributor in data analytics with no line management responsibility.

I was placed at risk of redundancy as part of a wider organisational consultation. During consultation I formally challenged in writing that the proposed alternative role, a people management position, did not represent suitable alternative employment given the fundamental shift in role type, my skillset, and my career direction.

I did not receive a substantive response to my challenge. I was subsequently told during my individual consultation meeting that I was no longer at risk. I was never formally offered the role and given the opportunity to formally accept or decline it. I have not confirmed acceptance in writing at any point.

I have since been asked to start some activities for the new role before the trial period has formally begun. When I requested a trial period I was told on two separate occasions that the trial period is not for the employee, it is for the employer to assess the employee. On a second occasion I was also told this would not result in a redundancy payment.

My questions:

1. By being told I was no longer at risk without a formal offer and acceptance process, have my redundancy rights been correctly handled?

2. Does the statutory 4 week trial period still apply in these circumstances?

3. Do the comments made about the purpose of the trial period indicate a misunderstanding of the statutory framework?

4. What options are available to me at this stage?

I appreciate any support you can give

  • It sounds from what you've said that there have been some steps missed in a fair process here. Am I right in assuming that the role that you have been doing to date will no longer exist, and they have offered you a people management role as a 'suitable' alternative? If it is a substantially different role ('suitable' is open to interpretation), rather than an evolution, then the reorganisation has made your former role redundant and created a new role that they have matched you to. 

    This sounds exactly the type of situation where the need for a 4 week trial is required - the job is not the same as the one done previously, so there is sense on both sides to try the work and understand if it is the right move. If not, and if your previous job is not available to you, then you would be eligible for redundancy.

    I imagine that the employer has moved to a positive conclusion with good motives - to stop your concern about losing income/work, but in so doing has skipped the steps that allow them to change the contract between you. I would guess that they believe the new role is substantially the same as your current role, so this is the area where more discussion is needed.

    Good luck.