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
Chris Fullerton
Arthur Cox NI
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

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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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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