Trial period

Case 3: The facts

Michael Large had worked successfully in his job for a number of years, but a reorganisation meant that his post was no longer available. His employers did not want to lose him and offered an alternative post, for which it was acknowledged he might not be suited. He was, however, offered support in the new post and a period of probation.

Large was not given the expected level of support, and his health deteriorated as he tried to cope with the alternative post. He was offered other jobs but none was entirely suitable and eventually he asked for redundancy. The employer refused on the ground that he had been offered work he could do and that there was no obligation on an employer who wants to keep on an employee to pay them off on redundancy.

The ruling

The Employment Appeal Tribunal (EAT) held that Large had the right to redundancy. The support he had been promised was not forthcoming, and this failure amounted to a breach of contract by the employer.

Inchcape Retail v Large EAT/0500/03