Wednesday 13 May 2009

Redundancy: Alternative Employment

If your employer offers you alternative employment and he considers that that employment is suitable alternative employment, and if you refuse that offer and the Tribunal considers it was suitable alternative employment, then you will not be entitled to any redundancy payments.

What amounts to suitable alternative employment?

The answer to this is a subjective one on your view. This means that provided you can present a reasoned argument on the basis that you do not consider it to be suitable alternative employment and you have some reasonable justification for that belief, then it is likely that the Tribunal will agree with you and you would be entitled to a redundancy payment for refusing the offer. There are many case examples.

Examples of what is not considered to be non-suitable alternative employment:

~ a substantial change in role from white collar to blue collar work even if it is on the same pay
~ a drop in salary
~ actual drops or perceived drops in status
~ increased travel time
~ different or more inconvenient times for working.

All of these have been held to be reasons to find alternative work as unsuitable. Again, recommend that you obtain advice before refusing alternative work that has been offered to you.

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