Suitable alternative role

Suitable alternative role

If your employer intends to make you redundant, there is a legal duty to consider whether there are other jobs available which you would be capable of doing. If such suitable employment is available, it should be offered to you. If it is not, this can amount to unfair dismissal. Whether an alternative job offered is suitable will depend on the terms of the job offered and your skills, abilities and circumstances.

In determining whether an offer is suitable alternative employment, the following factors should be taken into consideration:

hours of work;
travelling time;
place of work;

Your employer does not have to offer a similar position or a position in the same workplace. The offer of alternative employment must be made before your current job ends. It can be made in writing or can be verbal. It must give you enough details about the new job so you know what the difference is between your existing job and the new job.

You must also be offered a trial period in the new job- usually 4 weeks during which you can still reject the position and claim the original redundancy if it is reasonable for you to do so.

Your employer may offer you a number of alternative jobs. Each offer must give sufficient detail and you are entitled to a trial period in each, if you wish. If you are entitled to a statutory redundancy payment, you may lose this right if you reject a suitable alternative job offered by your employer. You may, however, be able to claim unfair dismissal, depending on whether it is reasonable for you to reject the offer.