Suitable Alternative Employment
What is suitable alternative employment in redundancy? Understand when you must be offered alternative roles and consequences of refusing.
Last updated: 30 January 2025
Understanding suitable alternative employment protects your rights and helps you make informed decisions during redundancy.
What Is Suitable Alternative Employment?
Definition
Suitable alternative employment is:
| Element | Meaning |
|---|---|
| Different role | Instead of redundancy |
| Appropriate for you | Matches skills/experience |
| Reasonable terms | Pay, location, etc. |
| Offered by employer | Before dismissal |
Legal Framework
| Duty | Detail |
|---|---|
| Employer should | Look for alternatives |
| Offer if available | Before making redundant |
| Consider suitability | For each employee |
When It's Required
Employer's Obligation
| Situation | Duty |
|---|---|
| Redundancy situation | Consider alternatives |
| Vacancies exist | Offer if suitable |
| Pregnancy/maternity | Priority for alternatives |
Priority for Pregnant Employees
| Protection | Detail |
|---|---|
| Must be offered first | Before other employees |
| Suitable vacancy | Priority access |
| Failure to offer | Automatic unfair dismissal |
What Makes a Role Suitable?
Key Factors
| Factor | Consideration |
|---|---|
| Pay | Same or similar |
| Status/seniority | Not significant demotion |
| Skills match | Can you do it? |
| Location | Reasonable travel |
| Hours | Similar pattern |
| Responsibilities | Comparable level |
Suitable vs Identical
| Suitable | Not Required |
|---|---|
| Similar pay | Exact same pay |
| Comparable status | Identical title |
| Reasonable location | Same office |
| Matching skills | Perfect match |
What May Be Suitable
| Change | May Still Be Suitable |
|---|---|
| Slight pay reduction | If reasonable |
| Different title | Similar level |
| New location | Reasonable commute |
| Different duties | Within competence |
What's Probably Unsuitable
| Change | Likely Unsuitable |
|---|---|
| Major pay cut | Significant reduction |
| Big demotion | Much lower level |
| Very different location | Unreasonable commute |
| Completely different work | No transferable skills |
The 4-Week Trial Period
Statutory Right
| Feature | Detail |
|---|---|
| Duration | 4 weeks |
| Purpose | Try new role |
| Automatic | Statutory right |
| Can be extended | For retraining |
How It Works
| Stage | Process |
|---|---|
| Accept alternative | Start trial |
| Work 4 weeks | In new role |
| Decide | Keep or reject |
| Outcome | Depends on decision |
During Trial Period
| Can Happen | Consequence |
|---|---|
| You reject role | May keep redundancy pay |
| Employer ends | May keep redundancy pay |
| Both continue | Employment continues |
Extended Trial
| For Retraining | Rules |
|---|---|
| Can be longer | If agreed in writing |
| Must specify | End date and terms |
| For training purpose | Related to new role |
Refusing Alternative Employment
Unreasonable Refusal
| If You Refuse | And It's Unreasonable |
|---|---|
| Suitable role | Lose redundancy pay |
| Without good reason | No statutory payment |
| Before trying | Risky |
Reasonable Refusal
| Reason | May Be Reasonable |
|---|---|
| Much lower pay | Unsuitable role |
| Long commute | Unreasonable location |
| Health reasons | Can't do role |
| Family commitments | Genuine conflict |
| Significant demotion | Unsuitable status |
Who Decides?
| If Disputed | Resolution |
|---|---|
| Tribunal | Determines reasonableness |
| Evidence | Both parties present |
| Objective test | Would reasonable person refuse? |
Assessment Process
How Suitability Is Judged
| Test | Question |
|---|---|
| Objective | Is role suitable in general? |
| Subjective | Is it suitable for this employee? |
| Both considered | Together |
Individual Circumstances
| Factor | Why Relevant |
|---|---|
| Skills/experience | Can they do it? |
| Personal situation | Caring responsibilities |
| Health | Physical capability |
| Transport | Can they get there? |
| Career aspirations | Reasonable expectations |
Practical Steps
If Offered Alternative
| Step | Action |
|---|---|
| 1 | Consider carefully |
| 2 | Ask questions about role |
| 3 | Compare to current role |
| 4 | Consider trial period |
| 5 | Decide and respond |
Questions to Ask
- What's the pay and benefits?
- What are the responsibilities?
- Where is the role based?
- What are the hours?
- Is there a trial period?
- What training is provided?
Documenting Decision
| Keep Records Of | Why |
|---|---|
| Offer made | What was offered |
| Your considerations | Reasons for decision |
| Questions asked | Information sought |
| Response | Your decision |
If You Accept
Starting New Role
| Action | Timing |
|---|---|
| Begin trial | Agreed start date |
| Give new role chance | Fair assessment |
| Raise concerns | During trial |
| Decide by end | Of 4 weeks |
Trial Period Ends
| Outcome | Result |
|---|---|
| Continue | Employment continues |
| Reject | May get redundancy pay |
| Dismissed | May get redundancy pay |
If You Reject
Before Trial
| If Refused Outright | Risk |
|---|---|
| Suitable role | Lose redundancy pay |
| Unsuitable role | Keep redundancy pay |
| Disputed | Tribunal decides |
After Trial
| If Rejected After Trial | Position |
|---|---|
| Gave fair try | Redundancy pay preserved |
| Unsuitable became clear | Reasonable |
| Without trying properly | May lose pay |
Disputes
If You Disagree with Employer
| Issue | Action |
|---|---|
| Role unsuitable | Set out why |
| Employer disagrees | Document reasons |
| Can't resolve | Tribunal may decide |
Tribunal Approach
| Tribunal Considers | Weight |
|---|---|
| Nature of role | Objective factors |
| Personal circumstances | Subjective factors |
| Reasonableness | Of refusal |
| Evidence | Both sides |
Special Situations
Multiple Offers
| If Offered Several | Approach |
|---|---|
| Consider all | Fairly |
| Accept most suitable | Your choice |
| Reject unsuitable | With reasons |
No Vacancies
| If None Available | Position |
|---|---|
| Employer's duty | To look |
| Genuinely none | Redundancy proceeds |
| Should document | Search made |
Group Companies
| Related Companies | May Include |
|---|---|
| Same group | In search |
| Associated employers | May have duty |
| Depends on structure | Check situation |
Related answers
Alternatives to Redundancy
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Redundancy Consultation: What Employers Must Do
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How to Calculate Redundancy Pay (UK)
Statutory redundancy pay is based on age, years of service, and weekly pay. Use our guide to calculate entitlements and understand tax rules.
Frequently Asked Questions
- What is suitable alternative employment?
- A role offered instead of redundancy that's suitable for your skills, experience, status, and terms. Employers should offer suitable alternatives where they exist. If you unreasonably refuse a suitable offer, you may lose your redundancy pay.
- What makes an alternative role 'suitable'?
- Factors include: similar pay, status, and responsibilities; reasonable location; matching skills to your experience; similar hours and working conditions. The role doesn't have to be identical but should be appropriate for you.
- Can I try the new role before deciding?
- Yes. You have a statutory right to a 4-week trial period in an alternative role. During this time, either you or the employer can decide it's not working. If you reject during the trial, you may still get redundancy pay.