Offer suitable altrenative employment?

whistlerkid

I have just entered my consultation period having been identified at being at risk of redundancy.

I keep reading the term "your employer has a duty to offer you suitable alternative employment"

What does the term "offer" actually mean?

If an alternative exists can they "offer" it without the need for interview?

If there are a number of re-deployees, can the company offer an individual a specific job without interview or does it need to be made available for anybody to apply for?

Debt_Free_Chick

If there is a suitable alternative, they will normally tell you, ask you if you're interested and if you are, allow you to "have a trial" at that job for a while to see how you get on. If the job turns out not to be suitable, the redundancy then stands.

Are there some specific circumstances you can share with us?

whistlerkid

There is a suitable alternative. There is another redeployee who would be suitable, so I guess this complicates things?

I did however hear that another person NOT at risk of redundancy has applied for this position.

Is this allowed or should the job be "ring fenced" for redeployees only?

I found the following case (Ralph Martindale & Co. Ltd v Mr K Harris UKEAT/0166/07)

Ruling stated:



The new role was opened to the workforce by internal advertisement. We do not consider this to reflect the approach in current industrial relations practice of a reasonable employer. The following statement reflects the tribunals view as to current industrial relations practice in the absence of any particular circumstances suggesting a different course. If there was a question as to the capability of either person at risk of redundancy to undertake this role, then it should have been established that neither was suitable before opening the new role to further applicants.