Letter Offering Suitable Alternative Employment to an Employee Who is Made Redundant While on Family Leave

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. Employees on family leave e.g. maternity, paternity and adoption leave are entitled to be offered a suitable alternative vacancy in advance of their colleagues.

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. This letter informs the employee on family leave that a suitable alternative role has been identified and that they are entitled to a trial period in that role, commencing on their return from family leave. 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.

It is advisable that the employee’s performance during the trial period is carefully monitored and recorded.

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