clock starts ticking. Any attempt to make it difficult to take holiday or jobseeking opportunities at that vulnerable time may not look like a reasonable employer. Consultation In a redundancy situation the employer must consult those in the "pool" identified at risk and carry out a fair selection. The consultation must start when the employer decides or proposes redundancy - any delay could entitle the employee to compensation for loss of jobseeking time. Depending on size of firm and how many redundancies are proposed, it may need to include ways of avoiding redundancies, saving jobs and mitigating effects of redundancy. It certainly has to be while proposals are formative, give adequate information and time, and give conscientious consideration. Selection The selection used to often hinge on length of service, which could be fair on its own, but as that is now age discrimination it may have to be based on more objective performance measures. Alternative employment The employer should refer the employee to any reasonable alternative employment in the group. Offering a reasonable alternative job which is not taken can defeat a claim for unfair dismissal, but the redundancy payment will still be due unless the job was suitable. The test is whether it is subjectively suitable for the employee, so it is easy for him to prove he did not need to accept it. Confusingly, a "reasonable alternative" is a job the employee could do, whereas a "suitable alternative" tends to be a sub-set of reasonable jobs, meaning one that would be reasonable for him to do. The job will tend not to be suitable if it involves more hours for the same pay, the same hours for less pay, a substantially longer commute (unless the employee refuses to view the location), less status or responsibilities, or insufficient time is given to decide. Misconduct during redundancy notice An employer could avoid a redundancy payment by dismissing for misconduct during the notice period, but only for a repudiatory breach, which effectively means the employee would have acted as if he has torn up the employment contract, e.g. by going on strike, emptying the company safe or punching out the managing director. Dual claim - unfair redundancy If the employee claims redundancy at the same time then the burden of proving redundancy is on the employee. If the claim was for redundancy and not unfair dismissal then the burden would be