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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I may be being made redundant and I understand because of my

Resolved Question:

I may be being made redundant and I understand because of my age and length of service that I would be required to work six weeks notice. I dont want to work the notice period. If my employer agrees can he make me redundant and then not pay me or require me to work for the notice period. I would be happy just to get the redundancy pay and forget about the notice period and any payment related to it.
Hope that makes sense.
Looking forward to your reply.
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.

Ben Jones :

The employer cannot force you to work through your notice period, however if you refuse to do so then you can be guilty of being in breach of contract. In such circumstances that would not generally be a problem because all the employer can do is pursue you for any losses they may have incurred as a result of your breach. Most commonly that would be costs associated with getting a replacement for you on short notice but if that is not necessary then not many other costs would have been incurred and also employers do not generally tend to pursue such claims.

Of course you can try and discuss with them the options and try to agree on a mutually acceptable way forward and you may find that they could just allow you to leave anyway, or if they are nice they may even release you early and still pay you in lieu of notice

Customer:

I would like the redundancy pay. The employer is happy for me not to work the six weeks notice as long as they dont have to pay me. If both parties agree to this can this be done.

Ben Jones :

you will still get the redundancy pay because you are still being made redundant - the notice period and the redundancy pay are separate. If you and the employer both agree that you will not work the notice period and won't get paid for it then that's as simple as it gets really - you still get your redundancy, leave on an agreed date and that is that

Customer:

Thank you very much sounds good

Ben Jones :

you are welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46168
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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