Alternative job

Q: When does the right to a trial period in an alternative job apply if an employee is to be made redundant?

A: A trial period applies when a redundant employee is offered a new job, starting within four weeks, before their existing job ends.

The trial period is for four weeks, but can be extended for the purpose of retraining. If the employer does extend the trial period, you should make sure you get this in writing to avoid any doubt later on.

If the employee does not think the new job is suitable for them, they must let the employer know before the end of the trial period. If they work beyond that date, they will be deemed to have accepted the job and will lose any entitlement to a redundancy payment.

Employees also lose their entitlement to a redundancy payment if they unreasonably refuse a suitable alternative job. When deciding whether this is the case, a tribunal will look first at whether the alternative offered is suitable in terms of skills, experience, etc., and will then consider whether it would be reasonable for that particular employee to refuse it - for example, a refusal may be reasonable if the job would be a demotion and involve a loss of status.