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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46187
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello iam under notice of redundancy but have, unfortunately

Resolved Question:

Hello iam under notice of redundancy but have, unfortunately fallen out with my employer. They are sharing out my job and taking on a n other but in a different dept but they will also do my job. The question is, if do not go back to work will i still get some payment. I have a letter of redundancy from them stating that i could do part time which indicates the above to me. Please can you advise whether they have to pay redundancy still. Thank you.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long do you have left from your notice period?

Customer:

Notice says 1sr

Ben Jones :

1sr?

Customer:

u sorry 1st juky 2014

Ben Jones :

How long have you worked there for?

Customer:

4 years

Ben Jones :

ok let me get my response ready please

Ben Jones :

if you have been issued with notice of redundancy and you feel forced to leave your job, then you are looking at making a potential claim for constructive dismissal. This is where you are forced to leave your job because of your employer’s unreasonable behaviour, for example by not being allowed to do your contracted position or if you are being asked to do work outside of what is allowed in your contract. However, these claims are not always easy to win and you need to convince a tribunal that you had serious enough reasons to force you to leave.


 


Another option is where 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 or it is not possible for them to continue in the existing job, such as if their old job no longer exists. 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.


 

Customer:

sorry, if I don't go to work within the notice period currently 1st July 2014 will I get redundancy pay or will if have forfeited this right? I intend not attending word at all now.

Ben Jones :

potentially you can but as explained above it won't just be an automatic payment that you can expect to receive...you may have to fight for it and justify your actions

Customer:

so I can ask for my entitlement and not attend work?

Ben Jones :

you can but that does not mean they will just pay you and also try to follow the steps I mentioned above to give yourself a good chance....but if they refuse then you will have to pursue the matter through the employment tribunal

Customer:

Thank you for your advice.

Ben Jones :

you are most welcome all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46187
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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