The recent case of Optical Express Ltd v Williams EAT/0036/07 [subscription required] shows the confusion that can be caused when suitable alternative employment is being sought for a redundant employee. XpertHR’s timely new model documents [all links require a subscription] provide a robust framework that employers can use in this situation, including a model policy on finding suitable alternative employment for redundant employees.
The key to finding suitable alternative employment is to have open consultation with the individual by:
- offering alternative employment to him or her;
- inviting him or her to attend a meeting to discuss an offer of alternative employment; and
It is also important to explain clearly to the individual the consequences of unreasonably refusing to take up an offer of suitable alternative employment (ie that he or she will not be entitled to a statutory redundancy payment) and to give the individual ample opportunity to make a decision by:
- reminding him or her about an offer of alternative employment; and
- informing him or her of the result of failing to respond to an offer of alternative employment.
Employers should also be aware that the individual is entitled to undertake a four-week trial period of alternative employment. Use our model letters to:
- offer a trial period of alternative employment to him or her; and
- confirm that his or her trial period in alternative employment has been successful or confirm his or her redundancy following an unsuccessful trial period of alternative employment.
XpertHR’s model documents are designed to complement the step-by-step guidance on deciding whether or not alternative employment is suitable in a redundancy situation contained in our how to service.
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