Alternative employment following redundancy - trial period and redundancy pay

  1. #1
    chockagirl chockagirl is offline Junior Member
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    Default Alternative employment following redundancy - trial period and redundancy pay

    Hi. I was put at risk of redundancy and my last day was due to be last week (thursday 15th Dec). I was successful in applying for an internal role, starting on the Friday. I'm now in a 4 week trial period.

    My first question is:
    What does the 4 weeks include? Next week is Christmas week where we have to take holiday as the office is shut. Would next week count as one of the 4 weeks?

    My second question is:
    If at the end of the trial period I don't want to continue in the role, do I lose out on any of the redundancy pay? If my last day had been the15th Dec, I would've got 1 months pay in lieu of notice, 3 weeks pay redundancy and my holiday paid.

    Any help is greatly appreciated!

    Thanks.

  2. #2
    Jarndyce Jarndyce is offline Expert Advisor
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    1) The four weeks includes Christmas - four consecutive calendar weeks.

    2) If you do not wish to continue in the role you must let the employer know before the expiry of the trial period and, providing the role was unsuitable and/or you acted reasonably in leaving it, then you will be treated as having been made redundant on the 15 Dec.

    Of course, if there is any dispute over the reasonableness of your leaving or the suitability of the post, and the employer does not pay you redundancy, then you will have to prove to a Tribunal that it was not suitable. So you should think carefully about the circumstances and the evidence you would need to show that.

    (Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).

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    chockagirl chockagirl is offline Junior Member
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    Hi - thanks for your reply.

    Re redundancy pay. If I'd left on the 15th I would've got my 4 weeks notice period paid, without having to work it. Would my 4 week trial be the equivalant of working my notice, thus I wouldn't get paid for it? Or if myself, or my employer, decided not to continue after the trial would they then pay me another 4 week notice period plus my redundancy?

    Thanks again.

  4. #4
    Jarndyce Jarndyce is offline Expert Advisor
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    The trial period cannot be treated as your notice period.

    Assuming you were contractually entitled to receive the 4 weeks pay in lieu of notice, then you should still receive that if you refuse the alternative employment as unsuitable (and assuming it is deemed reasonable for you to have done so).

    (Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).


 
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