How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38886
Experience:  Expert in UK Employment Law
29905560
Type Your UK Employment Law Question Here...
Ben Jones is online now
A new question is answered every 9 seconds

For Ben Jones: Hi Ben, The company came back a week later

Resolved Question:

For Ben Jones: Hi Ben,
The company came back a week later and offered me a trial in the new role. If the trial goes well, the broad terms re: hours and pay and location are acceptable to me. (We might fail to agree on the details but that's to discuss in the future.) My existing role has a 6 month notice period. Is a trial part of an extended consultation or is a trial performed as part of the old role's notice period? (They are saying notice period.) If a trial is for a role that has significantly different hours and pay than the prior role, is the trial conducted under those new hours and pay? If the trial is deemed unsuccessful, then is the remaining notice and severance paid according to the old role's terms or new or some combination? Finally, there is someone else in the company who was put at risk of being made redundant, and immediately went off onto long term leave for depression. And so, four months after she was advised her role was at risk, she is still employed, and paid. I happen to know for a 100% certain fact that she is not depressed. (Know her outside work.) I would never do this, consider it highly unethical, but how is it possible? (I ask this wearing my director/shareholder hat.) Please let me know the fee for this set of questions. Thank you.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

Hello again, how long is your trial for?

Customer: Two months has been discussed. Nothing on paper yet but I am doing the new work and transitioning pieces of my old job to others.
Ben Jones :

Under law a statutory trial period starts when the employee's employment under their old contract ends and lasts for four weeks. It may only be extended to last for longer than four weeks for the purposes of retraining the employee in the alternative employment.


 


In terms of notice, there are a few options:



  • You are given explicit notice of termination, allowed to work it and once your old job terminates you start the trial

  • You are paid in lieu of notice and as soon as that is done and your old job terminates you start the trial

  • Nothing is mentioned regarding notice and you are simply asked to start the trial. You would be entitled to notice once the trial has ended and the trial will not count as part of your notice period


 


Any trial period will be on the terms of the job you are trialling. You do not get any notice period for the trial job so any notice terms will be related to your old job.


 


Finally, the employee that was off sick. The employer may be acting cautiously because of being informed that she is depressed. You may know that she is not because you know her personally but the employer, who can only rely on what she says and what her doctor has said, may have a different view. As such they may be reluctant to simply proceed in her absence in case she raised a complaint from a discrimination point of view. If the employer is not satisfied that she is really depressed they may ask for further evidence or ask her to attend an occupational health assessment to get further information on her condition.

Ben Jones, Solicitor
Satisfied Customers: 38886
Experience: Expert in UK Employment Law
Ben Jones and other UK Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    7575
    Expert in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    7575
    Expert in UK Employment Law
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny McKenzie's Avatar

    Jenny McKenzie

    Satisfied Customers:

    1738
    10 Years of experience in Employment Law and HR
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    377
    solicitor
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    150
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    82
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    71
    Solicitor and Advocate
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    46
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 
Chat Now With A Solicitor
Ben Jones
Ben Jones
Solicitor
38886 Satisfied Customers
Expert in UK Employment Law