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, we would recommend
that you obtain advice before refusing alternative work that
has been offered to you.
This now completes a quick run through redundancy
but as always we would say that it is brief guide to redundancy
and obviously there are more complex issues involved in redundancy.
It is by no means intended to be definitive. The information
in this is accurate to our best knowledge and belief but it
obviously does not deal with more complex issues in regards
to redundancy. If you need further advice then please use
the e-mail contact to discuss.
|
