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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 52158
Experience:  Qualified Employment Solicitor
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My company has undergone a restructure, as a result of this

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Hello. My company has undergone a restructure, as a result of this I have been offered a new role confirmed in writing. However they have put a note on the end of the later stating there is a 4 week trial period for suitably for the role. My question is can I just leave during these 4 weeks or would I need to serve my 8 weeks notice period?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked there for?

Customer: replied 5 months ago.
5 years.
Customer: replied 5 months ago.
I would like to leave the company without serving my 8 weeks notice period

If you were to work your notice period would your original role still be available for you to work in?

Customer: replied 5 months ago.
No my original role no longer exists. They have changed the job description and made me a mobile worker with no office base. I asked HR what my options were if I decided during these 4 weeks that I didn’t feel my new role was suitable and this was their answer ‘In that case, we would need to meet with you to understand why you didn’t believe the role to be a suitable alternative and re-enter consultation at that point. Redundancy would be an option of last resort but would be a potential outcome.’

Yoi are able to reject the offer of suitable alternative employment at any time during the trial period, if you believe that the job is not suitable. In these circumstances your employment can terminate immediately, without you having to work your notice period. The main issue would be having to justify why it was not suitable.

Suitability is based on both objective and subjective criteria, with the most common factors that make an offer unsuitable as follows:

· Job content/status – drop in status (even if pay remains unchanged), changes in duties, which do not match the employee’s skills

· Pay and other benefits – significant drop in earnings/benefits (e.g. basic pay, bonuses, overtime, commission, etc)

· Working hours – change in shift pattern, significant extension/reduction of working hours

· Location – new location making it unreasonable to travel to the new place of work

· Job prospects – going from permanent to temporary or fixed-term work

Assuming that you have valid grounds on which to argue it is not suitable, you can reject it before the end of the trial period and unless the employer can place you back in your old role, you would not be expected to work your notice period.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 5 months ago.
Ok thanks and if I decide to hand in my notice as I wanted to leave during these 4 weeks I can without serving my notice period? Whether I feel the new role is suitable or not?

Not quite. If it is suitable, then you would be expected to remain in it and if you wanted to leave you would have to serve your full notice period.

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