Employers have a duty to make reasonable attempts to find alternative employment for anyone facing redundancy, and employees on maternity leave have an additional right to be offered any suitable alternative role that exists.
In both cases, the law provides for a trial period of 4 weeks during which both parties can decide if the alternative role is suitable. If at the end of this period (which can be extended if both parties agree in writing) either party feels that the alternative role is unsuitable, then employment may still be terminated on the grounds of redundancy, with the employee retaining any statutory right to redundancy pay.
If the employer is the one to decide that the role is unsuitable, the Tribunal will examine the reasonableness of this decision to dismiss.
That being the case, the employer should have a robust paper trail to evidence their reasons why the work trial was unsuccessful.
It’s also advisable that the employer speaks to the employee well before the end of the work trial to allow them to address any issues which have arisen.
This is our final feature on Redundancy, but it’s fair to say that it’s been a ‘whistle-stop tour’ of the issues involved. However, our team are on hand to provide advice with redundancy, or any other aspect of HR and Employment Law, so don’t hesitate to contact us on 01942 727200.