Redundancy Trial Periods: A Four-Week Record-Keeping Checklist
“Try the new role and see how it goes” sounds reassuring. It is much less helpful if nobody has recorded when the trial starts, what has changed or when a decision is needed. A short, shared record is a useful part of handling redeployment.
This guide concerns Great Britain—England, Wales and Scotland—and was checked on 11 October 2026. Northern Ireland has separate legislation and guidance. It supplements our broader suitable-alternative-employment article by focusing on trial-period records. It is general information; take advice on disputed suitability, payment entitlement or complex dates.
What the four weeks means
Acas’s employer guidance says alternative roles should be offered in writing before the old contract ends and start within four weeks of that role ending. The trial should follow the end of the previous contract. Those are two different timing points: a permitted gap before the new job and the trial in that job.
Section 138 of the Employment Rights Act 1996 deals with renewal or re-engagement and changed contractual terms. Its four-week trial runs from starting work under the renewed or new contract. An ordinary probation label is not a substitute for considering this statutory framework.
A practical record to prepare before starting
The checklist below is a suggested working record, not a statutory form. Use it to make the conversation specific and identify questions that need advice.
| Record | Practical question |
|---|---|
| Old contract end date | Has notice and the end of the previous role been dealt with? |
| New role start and trial end | Do both parties have the same dates in writing? |
| Changed terms | What differs in duties, pay, hours, location and status? |
| Training plan | Who will provide support and when? |
| Review conversations | Who will hear concerns before the deadline? |
| Outcome record | What was decided, why and when was it communicated? |
Keep the old and new role descriptions together. “Same sort of job” is a poor substitute for a clear comparison when the hours or journey have changed. Ask the employee what practical difficulties they anticipate and record their response without turning an early concern into an assumed refusal.
Training extensions need care
GOV.UK says a training-related extension must be agreed in writing before the trial starts. Do not assume an informal promise of more time protects redundancy-pay rights. Section 138 also sets requirements for retraining agreements; get advice on the wording and record the agreed end date and post-training terms.
For planning purposes, put the training discussion before the start date. A diary reminder near the end is useful, but it cannot repair an agreement that should already have been made.
Review concerns while there is time to act
My practical recommendation is to arrange an early check-in and another comfortably before the recorded end date. These are management suggestions, not additional statutory milestones. Discuss how the actual role compares with what was offered and keep a factual note.
GOV.UK warns that unreasonably refusing suitable alternative employment can affect statutory redundancy pay. Suitability and the reason for refusal need careful assessment; do not promise payment simply because someone says the job is unsuitable, or automatically withhold it because they raise concerns.
A useful starting point for the conversation
Our Redundancy Consultation Meeting Script is an editable Word document covering the proposed change, alternatives, employee input and next steps. It can help structure the discussion before a trial. It is not a specialist trial-period agreement or a guarantee that a dismissal is fair; adapt it and obtain advice where needed.
Keep redeployment records separate from the final-pay calculation. The published final-pay breakdown guide explains the different payment headings. Do not substitute ordinary unfair-dismissal qualifying service for the separate statutory redundancy-pay eligibility test.
Optional background reading
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Elizabeth Aylott’s Employment Law: A Practical Introduction, third edition (2022), is background reading rather than evidence of current 2026 reforms. Use the official sources above for the rules.
| Photo | Product | Price | Buy |
|---|---|---|---|
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Employment Law: A Practical Introduction: 21 (HR Fundamentals series, 21) | £20.99 |
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View the book and check the edition on Amazon UK.
FAQs
Can we just call it probation?
That does not remove the need to examine the statutory trial-period rules.
Can we extend it because we are undecided?
Do not assume so. The statutory extension is for retraining and needs a compliant agreement.
Is the checklist enough to settle entitlement?
No. It helps organise facts; entitlement depends on the law and circumstances.
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