Where an employee who has been made redundent is invited to apply for another role with an employer, are they entitled to claim statutory redundency payment if the decide not to apply?Posted in : First Tuesday Q&A NI on 7 December 2021 Issues covered: Redundancy pay; Contracts of Employment
Employees with at least two years’ continuous employment are entitled to a redundancy payment when they are dismissed by reason of redundancy. It is a question of fact whether an employee has firstly been dismissed and secondly whether it is by reason of redundancy. For example, an employee is not considered to have been dismissed when suitable alternative employment is offered and accepted within a particular time frame. Unless the terms and conditions of the renewal or re-engagement are identical to the previous terms and conditions, the employee is entitled to a statutory trial period of at least four weeks, without prejudice to their redundancy rights.
However, the employee loses their
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 07/12/2021
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.