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Redundancy and Trial Periods for New roles


Do I still have the right to a redundancy payment if I try a new role on a trial period but am then unhappy with it?

If the terms of the new employment differ from the previous terms, the employee is allowed a “trial period” of four weeks without prejudicing eligibility for redundancy pay under Employment Rights Act 1996 s.138(2)).  This does not apply to any enhanced redundancy payment that may be offered by the employer.

In practice there can be a dispute if the employee feels that the trial period is not working out, but the employer believes it is working out and or that it is suitable alternative employment.

Employees should get express written agreement from the employer in advance that if he or she does not feel the trial period is working out for any reason, the original redundancy package will be available for acceptance.

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