Why this matters right now
Statutory 4-week trials are being tested more often since employers moved to reshape rather than reduce headcount post-2024. The trial period is one of the least-well-understood employee protections; employees who terminate wrongly during trial forfeit redundancy pay unnecessarily. The line between "role-related" and "personal-choice" termination decides everything.
The statutory rule
Section 138 Employment Rights Act 1996 gives every employee a 4-week trial period on an accepted alternative role in a redundancy situation. The trial starts on the first day of the new role. Key features:
- Original contract technically remains active for statutory redundancy purposes.
- Either side can terminate the trial.
- Termination during trial for a role-related reason preserves redundancy pay.
- Termination after the 4 weeks confirms the new role and extinguishes redundancy rights.
Contractual extensions
The statutory 4 weeks is a floor. Employer and employee can agree in writing to extend to a longer contractual trial period, typically 8-12 weeks. The extension must be:
- Agreed in writing before the trial starts (or before the 4-week point).
- Specific about start and end dates.
- Clear on the effect of termination during the extension.
Extensions are useful where the new role requires retraining or the fit is genuinely uncertain.
How termination works
Two types of termination during trial:
- Role-related - the role turns out unsuitable, the employee gives it a genuine try and terminates. Redundancy pay preserved.
- Personal-choice - the employee dislikes the role for reasons unrelated to suitability. Redundancy pay may be lost as unreasonable refusal.
Tribunals apply a "genuine attempt" test - the employee must have made a fair go of the new role.
Timing arithmetic
The 4 weeks runs in calendar days from the first day in the new role. So if you start on Monday 1 September, day 28 is Sunday 28 September and the trial ends. Any decision to terminate must be communicated in writing before day 28.
Pay during trial
The employee is paid for the new role at the new rate. The old role is legally still "extant" for statutory redundancy purposes but the actual work and pay are for the new role. If the new role has lower pay, the employee is on the lower pay from day one - even if they terminate on day 27.
Interaction with notice
Notice for the original redundancy is paused during the trial. If the trial fails and the employee terminates, notice for the original dismissal restarts from the trial-termination date. Effective date of termination is calculated including the notice period.
What to do during the trial
- Approach the new role in good faith - a genuine attempt is required.
- Document the role's actual features vs the description offered.
- Raise any concerns with line manager in writing.
- Decide before day 28 whether to terminate or accept.
- Get the termination decision confirmed in writing.
Employer duty during trial
The employer must:
- Provide adequate training and induction for the new role.
- Support the employee during the trial period.
- Consider representations if the employee raises concerns.
- Handle termination fairly if the trial fails.
An unsupportive trial may itself justify redundancy pay preservation.
Case example: trial termination preserving redundancy pay
An operations manager accepted a suitable alternative role in a different city. Two weeks in, the daily commute was materially longer than initially discussed. She terminated the trial in writing citing the commute burden. The tribunal held the reason was role-related (new circumstances the employee could not reasonably have foreseen), preserved the original redundancy dismissal, and awarded statutory redundancy of £14,200 plus the wages she had actually earned during the trial.
Useful calculators
- Redundancy pay calculator
- Redundancy tax estimator
- Redundancy runway calculator
- Final pay estimator
- Notice period calculator
Related guides
- Suitable alternative employment
- Redundancy consultation process
- Redundancy rights UK
- Redundancy appeal process
- Voluntary redundancy explained
Authority pages
Frequently asked questions
- What is the trial period after redundancy?
- A statutory 4-week period at the start of an accepted alternative role during which either side can terminate. If terminated for a role-related reason, the employee preserves statutory redundancy pay from the original dismissal.
- Can the 4-week trial be extended?
- Yes by written agreement before the trial starts or before the 4-week point. Typical contractual extensions are 8-12 weeks. The extension must specify start and end dates and termination effect.
- What happens if I terminate during the trial?
- For a role-related reason (genuine unsuitability after a fair attempt): redundancy pay preserved. For a personal-choice reason (dislike unrelated to suitability): redundancy pay may be lost as unreasonable refusal.
- How is my pay during the trial?
- You are paid for the new role at the new rate from day one. If the new role has lower pay, you are on the lower pay throughout the trial - even if you terminate on day 27.
- What happens after the 4 weeks if I stay?
- The new role is confirmed. Original redundancy is no longer effective. Continuous service is preserved (no P45). Statutory redundancy pay from the original dismissal is extinguished.
Sources and further reading
- Employment Rights Act 1996, section 138 — Statutory trial period.
- ACAS: Suitable alternative employment — Guidance.
- GOV.UK: Redundancy your rights — Government guidance.
- ACAS — Free, impartial UK employment advice.
- Employment Rights Act 1996, section 86 — Statutory minimum notice.
General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.