Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawDownsizingCase lawHR strategyRedundancy

Case of the week: Employee has right to refuse ‘unsuitable’ role

by Personnel Today 10 Jun 2008
by Personnel Today 10 Jun 2008

Commission for Healthcare Audit and Inspection v Ward

FACTS The claimant, Ms S Ward, had been employed by the Commission for Healthcare Audit and Inspection (CHAS) and its predecessor since February 2001. Following a second restructuring exercise in May 2006, the claimant was selected for redundancy.

The CHAS identified two potential alternative roles for the claimant, one of which was offered to her three times. However, she felt it was unsuitable due to its status, the job content in relation to her experience, her future job prospects and her job security.

On the third occasion that the claimant was offered the role, the claimant alleged that she had become disillusioned with the restructuring process not least because no-one from the commission appeared willing to talk to her about the role, and no-one informed her that the role was also being advertised externally.

The claimant refused the role and sought a statutory redundancy payment under s.141 of the Employment Rights Act 1996, which the commission refused, claiming she had unreasonably refused the role that had been offered.

DECISION The Employment Tribunal held that although the proposed new role was suitable “on balance” for the claimant, she had not acted unreasonably in her refusal of the offer taking into account her feelings of disillusionment and alienation and based on her perceptions at the time. She was, therefore, awarded a redundancy payment.

The commission appealed.

The Employment Appeal Tribunal (EAT) upheld the tribunal’s decision and held that it was entitled to consider the degree of suitability of the alternative role when deciding whether the employee’s refusal was reasonable. As such, in deciding whether or not the refusal was unreasonable, the tribunal could take into account that the new role was only “marginally”, as opposed to “plainly”, suitable for the claimant.

In reaching its decision, the EAT endorsed earlier case law that a claimant’s behaviour and conduct must be judged on the facts as they appeared to the claimant, or ought reasonably to have appeared, at the time that she had to make the decision about the new role.

It also upheld the principle that it is possible for an employee to reasonably refuse an objectively suitable offer on the ground of his personal perception of the role offered: the question of the reasonableness is a matter of fact for the Employment Tribunal, and it is for the employer to establish that the employee’s refusal is unreasonable.

IMPLICATIONS The question of whether an employee unreasonably refuses alternative employment is subjective and each individual case must be considered in the light of its particular circumstances. Employers should remember that an employee’s perception of a role may be reasonably affected by the manner in which the employer conducts the redundancy process and deals with and communicates with the employee.

Jane Garrett, associate, Addleshaw Goddard

Avatar
Personnel Today

previous post
Final salary pension scheme trustees border on complacency
next post
Employers shy away from workplace mediation

You may also like

One in five employers planning ‘no jab no...

19 May 2022

MP demands timeline on carer’s leave legislation

13 May 2022

Prime minister steps up calls for 90,000 civil...

13 May 2022

Queen’s Speech: absence of employment bill leaves organisations...

10 May 2022

Morrisons saves 16,000 jobs with McColl’s rescue deal

10 May 2022

Queen’s Speech: Exclusivity contracts for low-paid workers to...

9 May 2022

MP seeks legal protections for employees undergoing fertility...

9 May 2022

PwC staff to benefit from extended summer hours...

5 May 2022

School discriminated against Christian caretaker who tweeted against...

3 May 2022

A dark day for workers’ rights – why...

29 Apr 2022
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+