Please note that this is a hypothetical question that we have been discussing.
Following redundancy consultations a trial period is agreed in a new role. This involves retraining. After 4 weeks it becomes clear that more extensive retraining is necessary and the trial period is extended to 12 weeks with the agreement of both parties.
If after 12 weeks however, the trial is not successful and the employee decides to take redundancy instead, is the employees notice period payable – or can the 12 weeks trial be viewed as ‘working their notice’?
Anna Brown