Hi Giacomo, thank you very much for clarifying. As part of a fair redundancy procedure, employers are required to offer suitable alternative employment to those employees who are at risk of redundancy. The objective is to avoid having to make them redundant and keep them in a suitable job, even if they have been made redundant from their original one.
There must be an offer by the employer and that must be made before their current job officially ends. However, an offer does not mean the employee automatically gets the job in question and the employer could still potentially take them through a competitive recruitment process, such as an interview to determine their suitability. Also the positions must actually already be there and exist, they do not have to be created for the purpose of being offered.
Once an offer is made and subject to any successful selection, there are two possible outcomes:
- The employee accepts the offer – in this case their employment will continue in the new role and there would be no redundancy
- The employee rejects the offer – this should only happen if the job is not suitable and the employee reasonably rejects it. If these conditions are not met, they risk forfeiting their redundancy pay as they would be considered to have resigned instead.
Finally, where an offer of alternative employment has been made and its terms and conditions are different to the employee's current terms, they have the right to a 4-week trial period. This is an opportunity for both employer and employee to determine its suitability. If during the trial period they decide that the job is not suitable they should tell their employer straight away and terminate the trial period. Assuming the offer was not suitable and was reasonably rejected, they should still be made redundant from their original job and receive redundancy pay.
If there was suitable alternative employment available but the employer did not offer it to you, that could make any redundancy potentially unfair.
In terms of voluntary exit, that is not mandatory so you cannot challenge the employer for not offering that.
Finally, you must be ready and willing to work through your notice period to get paid for it. You can only realistically reject that if your employer is not asking you to do tasks under your contract, but if the work they expect from you is within your contract, you must be available to do it or you won’t get paid.