Redundancy: new employment
If you're facing redundancy, you may find new work with a new employer or your employer may offer you a different job. There are different issues associated with each.
Job offers from your current employer
If there is one available, your employer is expected to offer you a suitable alternative job before making you redundant. Whether it's suitable depends on:
- the terms of the job being offered
- your skills, abilities and circumstances
- the pay (including benefits), status, hours and location of the job
If work picks up before your notice ends, your employer might offer you your own job as an 'alternative'. The offer should be made before your old job ends. You should be given enough information about what it involves so you know how different it is from your old job.
Trial periods
You have the right to a four-week trial period in a new job and if you need training for it the period can be extended by written agreement. If you decide the new job isn't suitable, you can give notice during the trial period without affecting your right to a statutory redundancy payment. If you haven't given notice by the end of the trial period your right to statutory redundancy pay ends.
If you refuse an offer
If your employer offers you a suitable alternative job and you unreasonably refuse it, you may lose your right to statutory redundancy pay. If there is a dispute as to whether a job is suitable, or whether your refusal is unreasonable, an Industrial Tribunal can decide whether you are due a redundancy payment.
Do you get time off for job hunting?
If you've been continuously employed for two years by the date your notice expires, you're allowed a reasonable amount of time off during your notice period to:
- look for another job
- arrange training
How long you can take will depend on your circumstances, but if you attend an interview or two and do not take excessive amounts of travelling time, for example, then this is likely to be reasonable.
Whatever the amount of time off you take, your employer only has to pay you up to two-fifths of a weeks pay for it. For example, if you work five days a week and take four days off in total during the whole notice period, your employer only has to pay you for the first two days.
What happens if you start a new job before your notice expires?
If you are offered a job at a new firm, to start before your notice expires, then try and negotiate with your employer for early release without losing your redundancy pay. Employers are often happy to make such arrangements.
If your employer says they can't let you go early because there's work that needs finishing for example, you can give your employer what is called 'a written counter notice' stating when you would like to finish. Your employer should write back to you and say whether or not you can leave early.
If you leave early without your employer's permission you run the risk of losing some or all of your redundancy pay. Disputes about whether redundancy pay is due in such circumstances can be taken to an Industrial Tribunal. You should take advice from your union or the Citizens Advice Bureau about the specific rules on 'counter notice'. You can also contact the Labour Relations Agency.
Where can you get help?
The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.
Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.
If you have doubts about the way your employer may have calculated your statutory redundancy pay you can call the Redundancy Payments Feephone Helpline on 080 0585 811.
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