Thank you. If there is a redundancy situation, an employer has a duty to offer those employees at risk any suitable alternative employment (“SAE”) that may exist at the time. The objective is to keep the employee in a job rather than make them redundant. Therefore, if an employee accepts an offer of SAE, their employment will continue in the new position and they would lose their entitlement to a redundancy payment.
If the offer is considered unsuitable and the employee refuses it, they will be made redundant and still receive redundancy pay. However, if the offer was suitable and the employee unreasonably refuses it, they would effectively be resigning and will lose their entitlement to redundancy pay.
Nevertheless, if suitable alternatives did exist at the time and before your employment had terminated, the employer should have at least offered these to you. It does not guarantee you would have been successful in getting them and you may have also decided that they were not suitable for you, but you should have been given the opportunity to apply for them. Failing to do so could make the dismissal unfair and you could consider taking the matter further.
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