Redundancy Period

[Pepperpot]

My employer a large Supermarket chain has been restructuring and my role was made redundant I had the option to apply for an alternative role of the same grade or step down to a lower grade. I chose to step down to the lower grade with my salary secured for 12 months with the intention of looking for an alternative job outside of the company. My final 1 2 1 with my store manager was on 11th May during which I verbally agreed to step down to a band 2 from a band 3 and was then advised I had secured the band 2 role and was no longer at risk of redundancy.and my new role is due to start from 10th June..
My issue is that the notice period started on 13th May and ends on the 9th June and then there is a 4 week trial period which I was asked if I wanted which I declined. I have now aanged an interview for for next week for an external job. If successful would I still need to work my notice or could I still leave on 9/06 or anytime within the 4 week trial even though I declined and would I now lose my redundancy pay?

[ULA]

Just to clarify have you declined the alternative position or have you just declined to undertake a 4 week trial period if the latter can I ask your reason for not taking this on a trial basis?

[Pepperpot]

Declined the trial period as I am already qualified for the role and at the time I saw no reason to have a trial period

[ULA]

The right to a trial period is a statutory right; neither you nor your employer can contract out of or reduce your right to a statutory trial period and any attempt to do so is void. It is therefore not a question of you accepting or ‘declining’ the trial period.

You have an unconditional right to opt out during the statutory trial period and retain your redundancy payment. In order to opt out, you must either terminate the contract of employment during the statutory trial period or else give notice during the statutory trial period even if the notice expires after the end of the trial period.

However, you need to bear in mind that the right to retain the redundancy payment will be lost if:

• you start work in the new employment, i.e. start the statutory trial period AND

• the new employment is ‘suitable employment in relation to you’, AND

• during the trial period, you terminate the contract, or give notice to terminate it (and it is in consequence terminated), AND

• your action in terminating the contract, or giving notice to terminate it, was in the circumstances done ‘unreasonably’