Redundancy after job trial.

matgunners

Hi All,

Just after a little advice, I was initially made redundant on the 15th September but accepted a trial role in another location on a grade below. I negotiated a three month trial period and this is due to expire 15th December, I have now been offered a new job with a different company and will be handing my notice in.

However when made initially redundant I had less than two years service so was not due any redundancy, as the trial period has taken me over that two years will I now be due statutory redundancy and would the firm have to pay me the redundancy package offered to those with two years service?

Thanks

jwruk

But you're not being made redundant, you're leaving of your own choice?

matgunners

jwruk wrote: »

But you're not being made redundant, you're leaving of your own choice?

True True

....but to quote my letter from my employer

"Due to change in your terms and conditions we will be operating a trial period of 3 months to enable both you and the Company to assess whether the new role and location is genuinely suitable for you, the trial period will end on 15th December 2013. If, during or at the end of the trial period, it is established either by you or the Company that the new role is not suitable for you, the company will work with you to identify if there are any suitable alternative roles or your employment may terminate with immediate effect. Should your employment terminate, you would retain the right to a redundancy payment."

the above also suggests that no notice period is required (which I'm fully willing to give)

Cheers

justanopinion

If you resign, then you resign, unfortunately. It won't matter if you are on a trial, you are handing in your notice.

If it gets to the end of the three months and you say, no, I don't believe the role is suitable, then they would look at other roles as suggested. If any of those roles are then not suitable you would then be entitled to redundancy.

Bear in mind, these letters are normally templates and not being entitled to a redundancy payment doesn't negate that the reason for dismissal was redundancy.

HTH.

matgunners

justanopinion wrote: »

If you resign, then you resign, unfortunately. It won't matter if you are on a trial, you are handing in your notice.

If it gets to the end of the three months and you say, no, I don't believe the role is suitable, then they would look at other roles as suggested. If any of those roles are then not suitable you would then be entitled to redundancy.

Bear in mind, these letters are normally templates and not being entitled to a redundancy payment doesn't negate that the reason for dismissal was redundancy.

HTH.

Thanks but my letter states "If, during or at the end of the trial period"

Surely this means that either party couldn't terminate the trial at any time

And the letter states I'm entitled to redundancy, my question is whether the trial period will be counted as service towards redundancy and whether they have to offer me the enhanced package as offered to everyone else who has already left the company.

Cheers

justanopinion

It's continuous employment so yes it counts to it.

Same package? Most likely. Is it a set policy?