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Article Index
Redundancy
Genuinely Redundant?
The Redundancy Process
Avoiding Redundancies
Choosing the People
Voluntary Redundancy
Statutory Payments
Normal Payment Practice
Employees’ Rights
Keeping Up Morale

Redundancy

8. Employees’ Rights

Employees under notice of redundancy have rights, apart from any redundancy payments.

8.1 People who are declared redundant have the right to be offered ‘suitable alternative employment’, if possible.

  • This can be offered by the existing employer or by an associated employer.
  • If an offer is unreasonably refused, the employee loses the right to a statutory redundancy payment (eg if the differences between the new job that is offered and the old job are insignificant).It is wholly up to the employer to prove that alternative employment is suitable and refusal is unreasonable.
‘Reasonable’ refusal might be based on a major change in working hours, a cut in pay or the need to travel or move house.

  • An employee can try out the new job for four weeks – or longer, by agreement. If it proves unsuitable, he or she may leave and still get full statutory redundancy pay.

8.2 The employee has the right to reasonable time off during the notice period for job-hunting or to arrange training (on full pay).

  • This is usually taken to mean two days in total.
BHP Infosolutions

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