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Redundancy: Financial circumstances do not dictate suitability

This report relates to 1 case(s)

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    Sennitt v Fysons Conveyors Ltd EAT/297/93 (0 other reports)

When assessing whether an employee has refused an offer of suitable alternative employment, and so lost the right to a redundancy payment, a tribunal should not base its decision solely on the employer's economic circumstances, according to the EAT in Sennitt v Fysons Conveyors Ltd. A tribunal was therefore wrong to hold that the fact that the employer was in a precarious financial position made an offer of alternative employment suitable in relation to the employee, even though it was on substantially inferior terms to those which the employee had previously enjoyed.