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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46765
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was informed on 2 april that my position within NHS was being

Resolved Question:

I was informed on 2 april that my position within NHS was being made redundant I have completed 30 consultation also applied for position which replaces my current position which I did not get I was given letter which states my notice period ends 25th June but alternative employment will be found before this date, I was informed of a position on monday 16th & that i was to apply & be interviewed today but the interview was cancelled until friday the 27th they asked me to extend my leave period and I said no I have now been signed off with anxiety due to whats happening. I need to know if they can false me to extend my leave period or refuse to pay me redundancy
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. As far as it stands does your contract still expire on 25 June?

Customer:

yes I did at one point say i might extend this date but then realised it would only be for their benefit not mine so I emailed HR & said i will stay with the 25th as my end date

Ben Jones :

How long was your notice period by contract and when was it issued?

Customer:

I was informed on the 2nd april & then went into 30 day consultation i hen received confirmation 21st may that they were continuing & my finish date was 25th june

Ben Jones :

By contract how much notice are you due?

Customer:

5 weeks as I would have been working there 6ys come september

Ben Jones :

ok let me get my response ready please

Customer:

ok thank you

Customer:

Hi Ben are you still there ?

Ben Jones :

Once your employer has issued you with formal notice of termination, they cannot extend that period without your consent. The notice is legally binding from the date it is issued and cannot be retracted or amended without you agreeing to it. So if you do not want to extend that notice period, you have every right to expect them to honour it and terminate your employment on the date the official notice expires.


 


Your rights to retaining your redundancy would not be affected by this, even if the employer has tried to extend your notice but you have refused. The only time they can try and withhold the redundancy is if you were offered a suitable alternative position as part of the redundancy and you unreasonably refused to take it up. However, if no offer has been made before your employment terminates then you are technically made redundant and the employer is not able to withhold your redundancy or any other pay, such as wages or holidays. If that does happen you will be protected and can make a claim in the employment tribunal to pursue what you are legally owed.

Customer:

brilliant thank you for your help

Ben Jones :

you are most welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46765
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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