0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

redundancy and suitable alternative employment

20 January 2012

Can an employee act reasonably in rejecting a suitable alternative offer of employment even where a reasonable employee would have accepted the offer?

Yes, according to Readman v Devon Primary Care Trust. Mrs Readman, a community matron, refused an offer of suitable alternative employment as hospital matron, as she did not wish to work in a hospital. Her employer denied her a redundancy payment, stating she had unreasonably refused the alternative post. The Tribunal found that a reasonable employee would have accepted the post. The decision was overturned on appeal on the basis that the Tribunal failed to give adequate weight to the employee’s personal reasons for refusing the role. The EAT found that Mrs Readman was entitled to her redundancy payment.

This case is not helpful to employers who need to reorganise their business but wish to avoid expensive redundancies. The individual circumstances of the employee – domestic and travel arrangements, caring responsibilities and career preferences – are relevant and need to be considered.

related opinions

Uber drivers entitled to workers rights

Today the Supreme Court unanimously dismissed Uber’s appeal and agreed with the earlier decisions in Uber v Aslam by deciding that Uber drivers are workers not self-employed persons.

View blog

An exit for public sector exit pay

It took over 5 years for secondary legislation implementing the £95,000 cap on public sector exit payments to be brought into force; only a few months later, the Government has announced that the Public Sector Exit Payments Regulations 2020 (the “Regulations”) will be revoked, citing “unintended consequences” which have been identified after “extensive review”.

View blog

Are you prepared for IR35 tax rules this April?

From 6 April 2021, all medium to large private sector companies with a UK connection will assume PAYE liability for payments they make for contractor services provided through an intermediary if it takes the view that the contractor is not a genuine independent contractor but rather a “disguised employee”.

View blog

Immigration rules post Brexit

Free movement between the UK and the EU ended on 31 December 2020. Since 1 January 2021, a new points-based immigration system applies to all migrants wanting to come to the UK, whether they are EU citizens or not.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up