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ARTICLE · 27 OCTOBER 2023

Redundancy – Suitable Alternative Employment?

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The Employment Appeal Tribunal (EAT) has considered whether three individuals had acted reasonably in refusing ‘suitable alternative employment' when their roles were redundant.

United KingdomEmployment and HR
Liz Stevens
Liz Stevens

The Employment Appeal Tribunal (EAT) has considered whether three individuals had acted reasonably in refusing 'suitable alternative employment' when their roles were redundant.

Mid and South Essex NHS Foundation Trust v Stevenson and others [2023] EAT 115

Facts of the case

The three claimants were all employed as 'Head of HR'. During a restructuring process, they were offered the alternative role of 'Senior HR Lead', which they rejected due to the perceived loss of autonomy and status. The claimants were dismissed due to redundancy, but the Trust refused to pay their redundancy payments on the basis they had unreasonably refused offers of suitable alternative employment.

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