Employment Law - Does My Employer Need To Offer An Alternative Employment When Making Me Redundant?

in Employer
Redundancy can be hard for an employee to take. In the workplace many people think that they will only be dismissed if they breach their conduct or make a big mistake. For people that think like this it can be quite hard not to take being made redundant as a personal notion against their ability. If redundancy is not negative against someone's ability then the employer should offer the employee another job is linked to this thinking. Is it true? Yes and no. In a situation like this certain preconditions determine what an employer is allowed to do.

If an employer knows that they are going to be making redundancies they must consider any viable alternatives to that strategy. This means that if there are any employees who would be suitable to fill any upcoming vacancies in the company, the employer should consider those employees for that role. This could mean a pay cut or involve different set of skills but the employer still should consider alternative employment as a viable different strategy to redundancy.

While your employer does not technically have to offer the employee alternative employment, if there is a viable vacancy in the company and the employer does not have a good reason for not offer it to you, you have been unfairly dismissed and it would be possible to take your case before the Employment Tribunal. The alternative role must be 'suitable' and this will depend on things such as skills, qualifications, location and hours worked. An employee can turn down this offer and claim redundancy payments but, again, they must have a justified reason for doing so.

If the employee decides to consider the alternative employment offered by their employer, they then will have the right to trial the new job before they decide to accept or decline the offer. This trial period lasts up to four weeks and if the offer is rejected at any point, it will affect the employees ability to claim redundancy payments.

So, while your employer does not technically have to offer an employee alternative employment, it is still considered unfair if they don't.

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Chris Gyles has 1 articles online

I am a legal writer covering advice on topics of law, for further text and similar works visit employment law or contact a solicitor today.

For more legal advice and information, and for free legal resources I suggest you visit lawontheweb.co.uk.

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Employment Law - Does My Employer Need To Offer An Alternative Employment When Making Me Redundant?

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This article was published on 2011/02/14