Paddles, stores and mucky creeks!
by Philip
In redundancy situations, the 4 week trial period is a tricky section of law to navigate through.
Put simply there is a statutory right to a 4 week trial period if a suitable offer of employment has been made within 4 weeks of a contract coming to an end through redundancy. If accepted, the employee and the employer have 4 weeks to declare whether the trial is a success or not. If it is not a success the employee defaults back to redundancy and receives the redundancy payment that would have been received had the offer of alternative employment not been accepted.
What causes some difficulty is what the situation is where the employee declares the trial unsuccessful outside the four week trial period.
The case reported here gives an unequivocal answer, not even a shopping trip to the stores pictured above will save the redundancy payment. If you want to declare the trial unsuccesful you must do it within the statutory 28 days of the trial period. If you are outside that time frame, tough.
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