Latest in Employment Law>Articles>Is an employee that rejects an offer of suitable alternative employment entitled to notice pay in a redundancy scenario?
Is an employee that rejects an offer of suitable alternative employment entitled to notice pay in a redundancy scenario?
Published on: 02/06/2020
Article Authors The main content of this article was provided by the following authors.
Johanna Cunningham
Johanna Cunningham

Is an employee that rejects an offer of suitable alternative employment entitled to notice pay in a redundancy scenario?

If an employee unreasonably refuses suitable alternative employment in a redundancy scenario, they are treated as dismissed. This means that an employee could lose their right to a statutory redundancy payment (provided that they were otherwise eligible e.g. two years continuous service). However, the employee will still be entitled to receive notice in the usual way or a payment in lieu of notice if permitted by their contract.

Notice of termination should be clear and unambiguous and the fact that an employee rejects suitable alternative employment does not necessarily amount to a resignation. In any event, even if the employee had resigned, they would still be entitled to notice pay (or perhaps a payment in lieu of notice).

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 02/06/2020