Labour Research July 2004

Law Queries

Suitable alternative work

I have worked as a van driver for the same company for over 20 years, and have been told that my job is going to be made redundant - but that there is a vacancy as a forklift driver for me. The company has told me that if I don't take this job I will not get my redundancy payment. Is that right?

Where there is a redundancy situation, your employer must offer you suitable alternative work if it is available. If you unreasonably refuse suitable alternative work, you lose your redundancy entitlement.

There are therefore two factors to consider: firstly, whether the alternative job is "suitable" for you, taking into account factors such as your skills and experience, and the wages, hours, responsibility, status and location; and secondly, whether you would be "unreasonable" in turning it down, bearing in mind your personal circumstances.

You must have a sound and justifiable reason for turning down the job if it is a suitable alternative. Where you are offered a different type of work as an alternative, you are entitled to a four-week trial period .

* More information: LRD booklet, Redundancy law - a trade unionist's guide