EAT REDUNDANCY – Suitable alternative employment
The employee was dismissed for redundancy, but she did not receive a redundancy payment on the ground that she had unreasonably refused offers of suitable alternative posts. In determining that one of the posts was suitable for her, the Tribunal was held to have failed to take into account two features of the evidence which were relevant to whether the post was suitable for her. In determining that the employee had unreasonably refused the offer of that post, the Tribunal was held to have substituted its own view about the reasonableness of the reasons for her refusal, rather than considering whether someone in her particular circumstances could reasonably have taken the view of the alternative post which she did.
Judges:
Keith J
Citations:
[2011] UKEAT 0074 – 11 – 2107
Links:
Jurisdiction:
England and Wales
Employment
Updated: 16 September 2022; Ref: scu.442029