In Readman v Devon Primary Care Trust, the EAT considered whether a Tribunal was wrong to conclude that an employee was not entitled to a redundancy payment because she had unreasonably refused an offer of re-engagement.

Following a reorganisation, Mrs Readman's position in community and district nursing was made redundant. She subsequently refused an offer of alternative employment based in a hospital because she had no desire to work in a hospital setting, having been community-based for most of her long career. The Tribunal held that her refusal was unreasonable, particularly given that her skill set was transferable to the new role and that she would not need extensive re-training. However, the EAT held that the Tribunal had substituted its own judgment, rather than considering whether this particular employee was reasonable in refusing the new role. The desire not to work in a hospital setting was a sound and justifiable reason for this particular employee to turn the offer down, and she was therefore entitled to a redundancy payment.

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