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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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I handed my notice in at work, my employer has not accepted

Resolved Question:

I handed my notice in at work, my employer has not accepted in writing my resignation and they have just announced they have to make someone redundant, where do I stand? My email address [email protected]
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. are you saying your employer is going to make you redundant.

Customer: No, I am saying that as I have handed my notice in to leave voluntarily, my employer may not need to make some one redundant, but where do i stand withdrawing my notice to be in the running for redundancy payment, where do I stand? Also if my employer needs to cut back on one sales executive and reduce from 6 to 5 what is the criteria used to decide which sales executive?
Ben Jones :

Hi, sorry I was offline by the time you had replied earlier today. Once you have submitted your notice of resignation it can be legally binding, even if not formally accepted by the employer. You need to check your contract to see if there is a specific term in it that requires the employer to formally accept it before it becomes valid, but on the assumption that no such specific clause exists, they can treat this as a valid resignation as soon as it has been submitted by you, even if they have not acknowledged it in any way.


 


There is nothing stopping you from trying to retract your resignation but the employer does not have to allow that. So they could easily state that the resignation has been submitted and as they do not wish to allow its restriction they can simply let your notice run out and then you would be considered as having resigned. It does mean that if they want to avoid paying redundancy because they have someone who has reigned from the positions they are looking at making redundant, they could refuse to accept your retraction and simply allow your employment to terminate through resignation.


 


If there was going to be a redundancy situation, then who is made redundant will have to be decided using objective criteria. The employer decides what criteria to use but it should be something that can be independently verified, such as disciplinary record, sickness absences, performance, appraisals, etc, - the employees can be scored on the same criteria on a matrix for example and the lowest scorer overall could be the one being made redundant.


 


Hope this clarifies your position?

Customer: Yes, that clarifies my position, thankyou
Ben Jones :

great, you are most welcome

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