In a redundancy situation, can an employee try out a new job offered as suitable alternative employment?
Where the terms and conditions of the new job differ, wholly or in part, from those of the old position, the employee is entitled to a four-week statutory trial period in the new job. The trial period may be extended for the purposes of retraining the employee for the new work, but only if an agreement to this effect is made between the employer and employee in writing before the employee starts work under the new contract. The agreement must specify the date on which the period of retraining will end and the terms and conditions that will then apply.
If during the trial period the employee terminates the new contract or gives notice to terminate it for any reason, or the employer terminates it or gives notice to terminate it for a reason connected with or arising out of any difference between the new and old contracts, the employee will be treated as having been dismissed by reason of redundancy on the date on which employment on the old contract ended. Where, however, the new work is suitable and the employee acts unreasonably in terminating the contract, they will lose the right to a redundancy payment.