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, UK Lawyer
Category: Employment Law
Satisfied Customers: 48193
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

My company are making redundancies. I have applied for voluntary

Resolved Question:

My company are making redundancies. I have applied for voluntary redundancy, because I have a job lined up. However, my company have stipulated that I must work my notice, which could, potentially, be 3 months. This seems unethical. Can a company make me work my full notice?
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.

Ben Jones :

Has your redundancy request actually been granted?

Customer:

Not yet Ben.

Customer:

The company are looking for 15, in my position. 12 have gone for VR.

Ben Jones :

If your VR request is not granted are you likely to be made redundant anyway?

Customer:

Not this year.

Ben Jones :

ok let me get my response ready please

Ben Jones :

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 there is no contract of employment and, in turn, no contractual notice period, the request must be submitted within the employee's statutory notice period (1 week for every full year of service) - for example if an employee with 4 years' service is made redundant and the employer issues them with their 4 week notice period, the request must be made within these 4 weeks

  • If there is a contractual notice period which has been issued by the employer - within that notice 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.

Customer:

thankyou

Ben Jones :

you are welcome

Customer:

Thank you for your help. I will log and rate the service.

Ben Jones :

Many thanks, XXXXX XXXXX best

Ben Jones and other Employment Law Specialists are ready to help you