Can an employee refuse an offer of suitable alternative employment?
An employer cannot force an employee to accept an offer of alternative employment. However, staff will not be entitled to a statutory redundancy payment if they unreasonably refuse the offer of employment, and: • the offer to renew the employee’s contract or re-engage them under a new contract is made before the end of the employment • the renewal or re-engagement is to take effect on or within four weeks of the contract’s termination • the provisions of the new or renewed contract of employment are the same as those of the original contract, or, if they differ, the offer is still one of suitable alternative employment. The right to redundancy pay will also be lost if they undertake a trial period in the new job, and the employment is suitable, but they unreasonably terminate it during the trial period.
Related Questions
- Is the claims administrator required to send an injured employee the notice of offer of modified or alternative work (AD Form 10133.53) within 30 days of the termination of temporary disability, (TD)?
- Is it the evaluation’s purpose to lead to suitable gainful employment for the injured employee?
- Can an employee try out a new job offered as suitable alternative employment?
