A model letter when you wish to offer a new position to an employee who has previously been made redundant and has finished working their notice period.
If a redundant employee unreasonably rejects an offer of suitable alternative employment, he or she will not be entitled to a statutory redundancy payment. This case is a short and clear example of the factors that a tribunal will weigh up when determining this issue.
The Employment Appeal Tribunal has held that, when deciding whether or not a redundant employee's refusal of an offer of suitable alternative employment is reasonable, an employment tribunal is entitled to take into account the degree of suitability of the new job.
In Ralph Martindale & Co Ltd v Harris EAT/0166/07, the EAT held that a redundancy dismissal was unfair where the process for deciding who should be offered an alternative post involved no objective criteria and no attempt to assess the candidates against a job description. It was unfair for the employer to rely mainly on a subjective assessment of whose management style would best suit the new post.