The reasonableness of an employee’s refusal of suitable alternative employment depends on factors personal to him and is a subjective matter to be considered from the employee’s point of view: ‘The employee’s behaviour and conduct must be judged, looking at it from her point of view, on the basis of the facts as they appeared, or ought reasonably to have appeared, to her at the time the decision had to be made.’
Judges:
Phillips J
Citations:
[1980] ICR 415
Jurisdiction:
England and Wales
Cited by:
Applied – Astrid Hudson v George Harrison Limited EAT 5-Dec-2002
The claimant had sought a finding that she had been made redundant. The employer replied that they had made a reasonable offer of alternative employment at the site to which it was re-locating. The employee appealed the finding against her on the . .
Cited – Readman v Devon Primary Care Trust EAT 1-Dec-2011
EAT Redundancy : Suitable Alternative Employment – Did the Employment Tribunal err in law in concluding that the Appellant had unreasonably refused an offer of alternative employment for her own reasons, when it . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 28 April 2022; Ref: scu.180954