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Employment Doctor

12 August 2010

Our reps handle thousands of work problems each year on behalf of PCS members. Here are just a few of the issues that have cropped up

I have been told I may be made redundant. What are my rights?

It can be very difficult to find out you may lose your job however most people do have legal protection. This includes the right to:

  • Be told about the plans and consulted in advance in order to discuss alternatives
  • Receive written reasons for the redundancy
  • Be selected according to an objectively fair process (if more than one person is affected by the change) and to know the basis of the selection system
  • Try out an alternative offer of suitable work for four weeks
  • Take reasonable time off, with pay, to look for alternative work or training.

In addition, if you have more than two years’ service you are entitled to a redundancy payment. The amount will depend on your length of service and grade.

For more on your redundancy rights see the article on pages 14 and 15 in Septembrer PCS View. It is also important to get in touch with your union rep immediately to discuss your options.

My employer has offered me an alternative to redundancy, which will involve doing a completely different job. What is my position?

Offering suitable alternative work is one way employers can avoid redundancies.

You should bear in mind that if you refuse to try suitable alternative employment, on a trial basis, it may prejudice any entitlement to a redundancy payment.

What constitutes ‘suitable employment’ is a complex issue that depends in part on your grade and the nature of the job you are employed to do. Your PCS rep can help explain this in more detail.

The law says you are entitled to a four-week trial period in the job, during which time you retain your redundancy rights. At the end of the trial period, or any agreed extension, you may choose to remain or claim your redundancy payment entitlement.

I seem to be working way beyond my contracted hours. What are my rights?

With some exceptions, you should not have to work more than 48 hours on average each week.

There are rules about what counts as working time and some work-related activities do not count towards the 48 hours. However, the dividing line between what counts and what does not is not always clear.

While it is possible to opt-out of the working time regulations, PCS strongly advises against this.

If you are concerned about the number of hours you are putting in, it is a good idea to contact your PCS rep for further advice.

The information contained on this page is not intended as legal advice on individual cases. If you have a query about your employment rights please contact your PCS rep. The employment doctor cannot answer individual queries.

With thanks to Thompsons Solicitors and the PCS legal department.