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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47365
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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our department of 24 were put into redundancy notice Beginning

Resolved Question:

our department of 24 were put into redundancy notice Beginning of December 2013, we are now in our working notice period, the final date being 31st May. Myself and a colleague have 6 weeks employer notice taking it back to 21st May, and 4 weeks counter notice. My colleague has resigned today, giving her 4 weeks notice, however, her new company have asked her to start 7th April. My question is, should redundancy still be payable and is there any reason I cannot also resign without another position, as I specifically waited to look for another job which would start after 21st May? Many thanks
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Why do you wish to resign and finish earlier than your planned notice?

Customer:

only because we have no work, we have been training colleagues in another office our jobs, we are currently working as a virtual office should they need our help.

Ben Jones :

As you appear to be aware, an employee who has been issued with formal notice of redundancy may want to leave before their notice period expires, for example, because they have found a new job. In this case, the employee can give a written 'counter-notice' to their employer to terminate their employment on an earlier date. This is a right given under section 136(3) of the Employment Rights Act 1996.


 


If the employee serves their counter-notice correctly and the employer either accepts it or does nothing, the employee's employment will terminate on the date specified in the counter-notice. The employee's entitlement to their statutory redundancy payment will not be affected.

However, if the employer refuses the employee's counter-notice, the employee can apply to an employment tribunal for an "appropriate payment" (that being the whole of the redundancy payment the employee would have been entitled to, or part of it). In deciding whether to award such a payment, the tribunal will consider whether it was reasonable to do so in the circumstances, given both the reasons the employee had for wishing to leave early and the reasons the employer had for requiring them to remain in employment until the expiry of their notice period. For example, if the reason for the counter notice was to start a new job and mitigate the effects of redundancy and the current employer did not urgently require the employee to remain and work their notice period, it is a situation that will work in the employee's favour.


 


However, if there is no particular or urgent reason as to why someone wants to leave, then they could be jeopardising their entitlement to redundancy, especially if the employer challenges this and if taken to a tribunal it decides that the reasons were unreasonable.

Customer:

would it also reasonable for the employer to ask us to sit with nothing to do for more than 2 months., we still have to be professional as other colleagues are remaining and clients visit?

Ben Jones :

that would really depend on what your contract of employment states you may be expected to do. If what you are doing now is not something that could be covered by your terms and conditions it could be used as a reason to try and leave early but it also means it could prompt the employer to try and refuse to pay you redundancy and then expect you to pursue the matter further if you wanted to, such as by going to tribunal. So there is a potential risk of creating a lot more work for yourself

Customer:

Thanks very much Ben, saves the rest of us sitting here wondering.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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