Time limits

Case 1: The facts

After redundancies were announced, Mr O'Hara accepted his employer's offer of alternative work, subject to the statutory four-week trial period. He then wrote to his employer that the alternative job was unsuitable and that he wanted to apply for redundancy. However, he remained in his new job for more than four weeks, and his employer refused to make a redundancy payment to him.

The ruling

The EAT held that O'Hara's letter was not notice to terminate his employment; he was merely expressing an interest in redundancy. He was not entitled to a redundancy payment, because he was outside the four-week trial period and would be deemed to have accepted the alternative position.

Reality (White Arrow Express) v O'Hara UKEAT/0447/03