Suitable alternative employment

Your employer might offer you ‘suitable alternative employment’ within your organisation or an associated company.

They must offer you a suitable alternative job (if one is available) if you’re on, or have recently taken, maternity leave or other types of parental leave.

Whether a job is suitable depends on:

  • how similar the work is to your current job
  • the terms of the job being offered
  • your skills, abilities and circumstances in relation to the job
  • the pay (including benefits), status, hours and location

Your redundancy could be an unfair dismissal if your employer has suitable alternative employment and they do not offer it to you.

Refusing an offer

You may lose your right to statutory redundancy pay if you unreasonably turn down suitable alternative employment.

You can make a claim to an employment tribunal if you think the job you’ve been offered is not suitable.

Trial periods

You have the right to a 4-week trial period for any alternative employment you’re offered.

The 4-week period could be extended if you need training. Any extension must be agreed in writing before the trial period starts.

Tell your employer during the trial period if you decide the new job is not suitable. This will not affect your employment rights, including your right to statutory redundancy pay.

You’ll lose your right to claim statutory redundancy pay if you do not give notice within the 4-week trial period.

Time off for job hunting

If you’ve been continuously employed for 2 years by the date your notice period ends, you’re allowed a reasonable amount of time off to:

  • look for another job
  • arrange training to help you find another job

How long you can take will depend on your circumstances.

No matter how much time you take off to look for another job, the most your employer has to pay you is 40% of one week’s pay.

Example

You work 5 days a week and you take 4 days off in total during the whole notice period - your employer only has to pay you for the first 2 days.