Alternative work

Case 5: The facts

Facing redundancy, Martin Fisher was offered an alternative role; however, he was not given any details, such as salary. He took redundancy, but later saw the job advertised at the same salary that he had been earning. He said he would have taken the job if he had known this.

The ruling

If an employer has information about an alternative position's financial prospects, the Employment Appeal Tribunal (EAT) said, it should provide this to the employee. Failure to do so can make the dismissal unfair, as Fisher's was in this case. However, the EAT added, the employee's compensation may be reduced if s/he has failed to request this information.

Fisher v Hoopoe Finance UKEAT/0043/05