Redundancy: unreasonable refusal of suitable alternative

HHJ Peter Clark, in the EAT, has handed down a decision for those fighting over redundancy payments.

In Commission for Healthcare Audit & Inspection v Ward, the EAT considered the overlap between the suitability of alternative employment, and the (un)reasonableness of a refusal of that suitable job.

They held that a tribunal is entitled to have regard to the degree of suitability when deciding whether the employee's refusal is reasonable. In other words, where the new job offer is overwhelmingly suitable it may be a little easier for the employer to show that a refusal by the employee is unreasonable than if the suitability was a more borderline decision.