Devon Primary Care Trust (DPCT) employed Mrs Readman as a community matron. In 2007, she was made redundant but she was offered a job of hospital matron. Mrs Readman refused the job because she did not want to work in a hospital.
Mrs Readman did not receive a redundancy payment because DPCT believed that she had unreasonably refused an offer of suitable alternative employment.
Tribunal
The tribunal agreed with DPCT. Mrs Readman’s skills as a community matron could be easily transferred to the job of hospital matron. The main difference between the two jobs was that Mrs Readman would be supervising the care of patients in a hospital and not in their homes.
EAT
The EAT overturned the tribunal’s decision. The tribunal wrongly asked if a reasonable employee would have accepted the job. It should have asked if Mrs Readman had unreasonably refused the job.
Mrs Readman’s desire not to work in a hospital was a sound and justifiable reason for refusing the job. Therefore, she was entitled to a redundancy payment. Since 1985, Mrs Readman had not worked in a hospital because she did not want to do so. Although Mrs Readman may have preferred to “take the money and run” – it was not the main reason why she had refused the job.
Readman v Devon Primary Care Trust [EAT/0116/11]
Mrs Readman did not receive a redundancy payment because DPCT believed that she had unreasonably refused an offer of suitable alternative employment.
Tribunal
The tribunal agreed with DPCT. Mrs Readman’s skills as a community matron could be easily transferred to the job of hospital matron. The main difference between the two jobs was that Mrs Readman would be supervising the care of patients in a hospital and not in their homes.
EAT
The EAT overturned the tribunal’s decision. The tribunal wrongly asked if a reasonable employee would have accepted the job. It should have asked if Mrs Readman had unreasonably refused the job.
Mrs Readman’s desire not to work in a hospital was a sound and justifiable reason for refusing the job. Therefore, she was entitled to a redundancy payment. Since 1985, Mrs Readman had not worked in a hospital because she did not want to do so. Although Mrs Readman may have preferred to “take the money and run” – it was not the main reason why she had refused the job.
Readman v Devon Primary Care Trust [EAT/0116/11]
4 comments:
Legal costs v Redundancy pay? It may have been cheaper to pay her the redundancy money in the first place. It was unlikely that Mrs Readman would have claimed unfair dismissal.
The case is a timely reminder that if a redundant employee refuses suitable alternative employment – it does not automatically mean that the employee’s refusal is unreasonable.
The Court of Appeal remitted the case to the Employment Tribunal. Please read paragraphs 31 and 32 of the case transcript.
The case transcript is available at:
http://www.bailii.org/ew/cases/EWCA/Civ/2013/1110.html
Also see Sefton Borough Council v Wainwright [EAT/0168/14] at: http://www.bailii.org/uk/cases/UKEAT/2014/0168_14_1310.html
Note paras 40 - 49
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