Where the redundancy of an employee is under consideration, an employer
should consider whether there is alternative employment available for the
employee elsewhere within the organisation. These Guidance Notes explain
the factors that employers should bear in mind when considering alternative
roles for redundant employees or employees at risk of redundancy.
These Guidance Notes cover the following:
2. Unfair dismissal and alternative work
3. Redundancy payments and alternative work
4. Alternative roles and trial periods
5. Searching for alternative roles
6. Offering alternative roles
7. Refusal of an offer of suitable alternative work
8. Alternative work after redundancies have taken place
If the employer is unsure as to whether or not an available alternative job
is suitable for a redundant or potentially redundant employee, the employer
should discuss the options for alternative employment with the employee.
The employer should not make assumptions. Even if the alternative role
involves a lower salary or a loss of seniority, the employee may prefer to
accept the role rather than being made redundant.
An unreasonable refusal by the employee to accept a job which is considered
to be suitable alternative employment can prevent the employee from being
eligible for statutory redundancy pay.
If an employee accepts an offer of alternative employment on different
terms (wholly or partially) to the original contract, he or she is entitled
to a statutory trial period of four weeks. If, before or during the trial
period, the employer or the employee wish to bring the trial period to an
end, the employee will be taken as having been dismissed as from the date
his or her original job terminated.