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Guides: Redundancy

An Employer's Guide to Redundancy

Redundancy Guide Contents > Alternative jobs and voluntary redundancy

3. Alternative jobs

Any alternative jobs that are available should of course be offered to anyone selected for redundancy, if they are reasonably capable of fulfilling the demands.

That is not only a matter of common decency, but also one of law. If an employee selected for redundancy accepts an alternative job he or she has a four-week trial period during which they can refuse the job and still be entitled to their redundancy payoff.

It should also be borne in mind that acceptance of alternative employment does not prejudice the employee’s right to claim for unfair selection with regard to the initial redundancy.

Once again the watchword is fairness -- if it would be reckoned to be fair by the proverbial ' man on the Clapham Omnibus ' then it is unlikely to be challenged.

Voluntary redundancy

The term ' voluntary redundancy ' is it something of a misnomer -- one invites applicants for a post now to be made redundant. Superficially this can seem attractive -- the employer can claim that no one is being made to go. But it has drawbacks. Embarrassingly, there may be a stampede for the exit (which might be a reflection on the employer’s management style or if an owner manager – your own). The employer may be left with disappointed and disaffected employees. If there are more applicants to leave than posts to be made redundant there must be a (fair) selection process to determine who will be the ‘lucky ones '. That selection process itself is capable of challenge. And perhaps worst of all, a ‘voluntary redundancy ‘ positively invites an employer’s best people to leave. Not a great idea.

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Disclaimer

While we hope the above has been found to be useful it is intended only as a general guide, may not reflect the very latest developments in law, and cannot be a substitute for professional advice. We cannot accept any responsibility for loss occasioned to any person acting or refraining from acting as a result of material contained in this guide.