Suitable alternative employment
by Philip
Is an employee entitled to a redundancy payment where a suitable offer of alternative employment has been made. It’s a shame that this area of law is tricky as it involves making decisions about whether to stay with an employer or claim a redundancy payment, either decision potentially having a big financial impact on the employee.
It’s a shame also that sometimes employers cloud the waters by refusing to pay a redundancy payment and applying a rigidly objective test, rather than looking at the issue through the eyes of the particular employee.
In essence there is a two stage test was the offer “suitable,” if so was it unreasonable to turn the offer down?
In practice the issue revolves around whether the test is objective or subjective, in terms of suitability and unreasonabless.
I would urge you to read this case as it sets out the relevant case law and summarises the principles involved.
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