Grounds For Refusing Suitable Alternative Employment in Redundancy

Summary

When a company makes employees redundant, they have to check if there's another job in the company that those employees could do. This is called suitable alternative employment. If there is a suitable alternative, employers have to offer that position to the employee(s) who's getting laid off. When they offer this new job, the employee has a choice. They can say yes and take the new job, or they can say no. If an employer had suitable alternative employment to offer but didn't, employees could have a valid claim for unfair dismissal. But what happens if an employee says no to the new role? An employee can refuse an offer of suitable alternative employment on the grounds that it is unsuitable, but they must have a good reason. If an employee refuses suitable alternative employment without good reason, they might lose their right to statutory redundancy pay. Reasonable grounds for saying no to suitable alternative employment could include: * The new job pays much less than the old one, or offers less benefits; * The role is based in a location that’s too far from where the employee lives or they have no means to get there; * The hours don’t work with their family responsibilities.

Key information

• The new job pays much less than the old one, or offers less benefits;
• The role is based in a location that’s too far from where the employee lives or they have no means to get there;
• The hours don’t work with their family responsibilities, like taking care of kids, or other commitments;
• They don’t have the skills or qualifications needed for the new job;
• They don’t feel they’re suitably qualified or trained for the new job;
• They have concerns around health and safety issues related to the new job;
• They feel the new job was chosen on discriminatory grounds related to a protected characteristic (like age, gender, or disability), rather than being based on fairness;
• They were rushed into making a decision.
• Take their employer to a tribunal
• When a company makes employees redundant, they have to check if there's another job in the company that those employees could do.
• If there is a suitable alternative, employers have to offer that position to the employee(s) who's getting laid off.
• When they offer this new job, the employee has a choice. They can say yes and take the new job, or they can say no.

Practical guidance

• Source: Grounds For Refusing Suitable Alternative Employment in Redundancy

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• Can I go to an employment tribunal?
• Challenge your redundancy
• Check how much redundancy pay you can get
• Check what happens if you win your employment tribunal case
• Check what it might cost to make an employment tribunal claim