Johanna Cunningham is a Senior Associate in the Employment team in Belfast, advising on the full range of contentious and non-contentious employment matters.
Since qualifying in 2018, she has supported clients with disciplinary and grievance issues, defending employment tribunal claims, senior exits, redundancies, TUPE, and day-to-day HR queries.
She also has a strong interest in the overlap between employment law and data protection, regularly advising on subject access requests, data breaches, employee monitoring and matters involving cross-border workers.
Her experience includes in-house secondments with a global technology company, an international bank and Northern Ireland’s leading transport provider.
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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