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Chapter 4

There is no entitlement to a redundancy payment if the employee is:

 Guilty of misconduct which would justify dismissal

 Made a reasonable offer of a renewed contract which he refuses

 Made an offer of suitable alternative employment in the same capacity, which
he unreasonably refuses.

Illustration 11 – Redundancy

Taylor v Kent County Council (1969)

Facts:

T was headmaster of a school. The school was amalgamated with another
school and a new head appointed to the combined school. T was offered
employment in a pool of teachers, standing in for short periods in understaffed
schools. He would retain his current salary.

Held:

T was entitled to reject this offer and claim a redundancy payment: the new
offer was substantially different, particularly in regard to status.

If an offer of alternative employment is made, the employee is entitled to have a four
week trial period in the alternative employment, from the end of his employment
under the previous contract.

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