Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Has your redundancy request actually been granted?
Not yet Ben.
The company are looking for 15, in my position. 12 have gone for VR.
If your VR request is not granted are you likely to be made redundant anyway?
Not this year.
ok let me get my response ready please
If you have a contractual notice period then you will be legally bound by it and if you fail to work it you will be acting in breach of contract.
However, 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.
For the counter-notice to be legally valid it must be submitted within a specific time period:
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.
So you can rely on the above but remember that it only applied once you have been issued with formal notice of redundancy which is not the case with you yet.
you are welcome
Thank you for your help. I will log and rate the service.
Many thanks, XXXXX XXXXX best