Redundancy advice for cousin

rehanmalik3030

My cousin has been with the company for 3 years and the division he is working for is closing. He has been made an offer for alternative employment within the same company with 2 differences the new job involves working on Sundays plus there is no bonus payments.

Is this difference enough to classify the alternative job offer as NOT being a suitable alternative offer?

Thanks

McKneff

would he rather be unemployed!!!!

rehanmalik3030

He has another job offer with a new employer starting 1 week after the current job comes to an end, so would like the redundancy pay.

Crazy_Jamie

The test is subjective, so it depends on your cousin's position as to whether rejecting that offer would be unreasonable or not. Though it is worth noting that rejecting the offer because he has lined up another job would be considered unreasonable; the reasons would have to relate to the differences with the alternative role that has been offered. In other words, is there any particular reason why working on Sundays would impact on him negatively and/or how significant are the bonus payments.

In reality if the lack of bonus payments has the effect of reducing the overall remuneration by any significant degree, that may well be sufficient to make the rejection of that offer reasonable. On the other hand, it depends very much on your cousin's personal circumstances as to whether any argument could be made relating to the working Sundays point.

These issues are understandably difficult to predict given the wide range of points that may come in to play from case to case. However, given that the test is subjective and the burden is actually on the employer to show that an employee has behaved unreasonably in rejecting an offer of alternative employment, generally speaking the status quo legally is slightly in favour of the employee. There does still need to be a decent reason for refusing the offer, though.

getmore4less

Has he been put on official notice of redundancy with a finish date or is this still in consultation.