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ARTICLE · 17 MAY 2012

Redundancy: When Is Alternative Employment A Real Alternative?

In the recent case of Readman v Devon Primary Care Trust [2011] the Employment Appeals Tribunal overturned a decision made by the Employment Tribunal and concluded that an employee can reasonably refuse an offer of suitable alternative employment.

United KingdomEmployment and HR
Nick Attwell
Nick Attwell

In the recent case of Readman v Devon Primary Care Trust [2011] the Employment Appeals Tribunal overturned a decision made by the Employment Tribunal and concluded that an employee can reasonably refuse an offer of suitable alternative employment.

Mrs Readman, a nurse, was at risk of redundancy and was alternative posts by her Employer. These alternative posts included that of a hospital matron. However, since 1985 Mrs Readman had been a community nurse and had therefore not worked within a hospital setting for some years.

Mrs Readman turned down the post on the basis that she had no desire to return to working in a hospital environment. As a result of refusing the alternative employment Mrs Readman was not awarded a redundancy payment by her Employer.

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