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What happens if a person returns from maternity leave and, although their pay protection begins after their return to work, they state the job offered is not a suitable alternative and the salary has been dropped due to restructure?
It is not entirely clear what you are asking. You state that pay protection begins after they return to work, but also say that salary has been dropped – if there is the pay protection in place for 12 months, the salary cannot be dropped for this period of time.
Whether or not an alternative job offer amounts to suitable alternative employment will depend on various factors. In practice, Employment Tribunals tend to treat “suitability” as covering factors that relate to the nature of the job on offer, for example job content, status, terms and conditions. Whether or not a particular employee has acted reasonably in refusing the offer of suitable alternative work will generally cover factors relating to the employee’s personal circumstances.
If an employee unreasonably refuses an offer of suitable alternative employment, then the employer may avoid liability for a redundancy payment.
If you have further queries in relation to this matter, please telephone Tracey Guest on 0161 975 3823.