Unreasonable refusal of alternative employment
Unreasonable refusal of alternative employment

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Unreasonable refusal of alternative employment
  • Unreasonable refusal
  • Burden of proof

Employees who are made redundant may be offered further work after expiry of their contract. If such an offer is made but is refused by the employee, this may have the potential to remove the employee's right to a redundancy payment.

Only offers of further work that fulfil certain conditions have the potential to affect the employee's right to a redundancy payment. The conditions are as follows:

  1. the offer must be for a renewed contract, or a new contract

  2. the renewed or new contract must take effect either immediately following expiry of the old one, or no more than four weeks later

  3. the offer must be made before the old contract expires

If the employee accepts an offer of new work that complies with the above conditions, he is considered not to have been dismissed for the purpose of his entitlement to a redundancy payment (see Practice Note: Renewal of contract, re-engagement and trial periods).

Similarly, employees ca