Q&As

If, during a trial period of an alternative role following a redundancy situation, an employee decides not to accept it, do they lose their right to redundancy pay?

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Published on LexisPSL on 13/09/2017

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • If, during a trial period of an alternative role following a redundancy situation, an employee decides not to accept it, do they lose their right to redundancy pay?

A worker is entitled to a redundancy payment when:

  1. he is an employee

  2. he has been continuously employed for not less than two years

  3. he has been dismissed, and

  4. the dismissal was by reason of redundancy

For the purposes of entitlement to a redundancy payment, dismissal means any situation where:

  1. the employer terminates the contract, with or without notice

  2. a limited term contract comes to an end and is not renewed

  3. an employee is entitled to terminate the contract with or without notice by reason of the employer’s conduct, and does so (except by reason of a lock out)

  4. notice is given by the employer and the employee subsequently gives notice in writing to terminate the contract before the end of the notice period

  5. an act on the part of the employer operates to terminate the contract, and

  6. an event affecting an employer operates to terminate the contract

For further information, see Practice Note: Entitlement to statutory redundancy payment.

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