Jones v MEM Marketing Retail Services - "suitability" of offer of alternative employment must be assessed objectively when considering reasonableness of selection for redundancy - EAT 19.10.07
Mrs Jones was made redundant by MEM. She failed to secure a new post which would, in effect, have been a promotion. She also declined alternative employment in a post similar to that which she held. After much argument MEM agreed to deem that alternative post as "unsuitable" so that Mrs Jones could receive a redundancy payment (which would otherwise be denied her by virtue of Employment Rights Act 1996 s 141(2) . Mrs Jones claimed unfair dismissal, but failed. She appealed to the EAT.