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Offers of Alternative
Employment
Following
Redundancy
WHY
Avoid compulsory redundancies
Saves management time on complaints
HOW
Make the offer in writing
State the terms i.e. wages, job title, hours of
work etc
Give clear job description
Start immediately or within 4 weeks of their
current job ending
An employee can refuse alternative work if
they have a justified reason
If its too similar, they can lose the right to
claim redundancy
TRIAL PERIODS
An employee who takes an alternative job can trial the job
for four weeks.  The four weeks starts as soon as their old
contract has ended.
If after four weeks the employee does not wish to take up
the job they can claim redundancy as long as their reason is
justifiable.
If during the four weeks the employer wishes to end the
trial for reasons connected to the job then the employee’s
right to redundancy is protected.
If the employee works past the four weeks and then
decides to leave they will lose their right to redundancy as it
will be seen they have accepted the new job
An employer can agree to extend the four week
period
Finding Alternative Work
Where the employee has been working for
two years or more and they are under
notice of redundancy they are allowed
reasonable time off to look for another
job.  The employer does not have to pay
more than 2/5ths of a weeks pay
regardless of the amount of time off.
Any member of staff made redundant and
where an alternative job arises within the
following 12 months the employee should
be contacted in writing and informed of the
Questions
Contact Us:
www.employerslawyers.co.uk
Questions
Contact Us:
www.employerslawyers.co.uk

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Offer of alternative employment

  • 2. WHY Avoid compulsory redundancies Saves management time on complaints
  • 3. HOW Make the offer in writing State the terms i.e. wages, job title, hours of work etc Give clear job description Start immediately or within 4 weeks of their current job ending An employee can refuse alternative work if they have a justified reason If its too similar, they can lose the right to claim redundancy
  • 4. TRIAL PERIODS An employee who takes an alternative job can trial the job for four weeks.  The four weeks starts as soon as their old contract has ended. If after four weeks the employee does not wish to take up the job they can claim redundancy as long as their reason is justifiable. If during the four weeks the employer wishes to end the trial for reasons connected to the job then the employee’s right to redundancy is protected. If the employee works past the four weeks and then decides to leave they will lose their right to redundancy as it will be seen they have accepted the new job An employer can agree to extend the four week period
  • 5. Finding Alternative Work Where the employee has been working for two years or more and they are under notice of redundancy they are allowed reasonable time off to look for another job.  The employer does not have to pay more than 2/5ths of a weeks pay regardless of the amount of time off. Any member of staff made redundant and where an alternative job arises within the following 12 months the employee should be contacted in writing and informed of the

Editor's Notes

  1. In the former case, it stated that the equal pay claim must have been in existance at the time of the transfer. The transferee has no obligation to put you on better benefits than you were enjoying before. There is a time llmit of 6 months from the date of transfer I would still advise you to be careful in the long run In the second case, preserving an employees TUPE rights, 2 years on, was a valid defence to an equal pay claim