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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47344
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I am 32 year old working with the same employer for 5

Resolved Question:

Hi,
I am 32 year old working with the same employer for 5 years. My company is moving location and I know they are about to offer redundancy package for employees who resign during this window. I have another job offer which I am waiting to accept. should I wait till the redundancy window opens so I can qualify for redundancy package before signing the new job? What is the correct legal procedure?
Thanks,
Vidya
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. When do you think the employer may issue employees with formal notice of redundancy?
Customer:

next week there is a company wide meeting. I expect consultation following that.

Ben Jones : There are a few options here. One is to see if the employer offers you voluntary redundancy, which means you can then put your name forward and apply for it and if it is accepted the employer will serve you with notice of redundancy, where you will find your leaving date and you could then accept the new job and advise them of your anticipated starting date. The other option is to see if the employer will just make you redundant (compulsory redundancy) and the same will happen, in a sense that you will be issued with notice of redundancy and have a leaving date. In that case you can also serve the employer with counter notice of redundancy if you need to leave earlier than the planned termination date, for example because you have a new job to go to. That could then result in you leaving before the expiration of your redundancy notice period and still being entitled to redundancy pay. Finally, they could offer you the new location as suitable alternative employment which you could then refuse if the distance makes the new position unreasonable. That would then allow you to ask them to make you redundant and the same as above will apply, where you will be issued with notice of redundancy and have a leaving date, which you could bring forward if necessary. Whatever you do, do not just resign as that will not amount to redundancy and you will not get any redundancy pay - you must either ask for voluntary redundancy and have that granted or wait to be dismissed under compulsory redundancy
Customer:

thanks Ben. I will wait for redundancy to be announced then. The most likely scenario is the last option. I will refuse the alternative in new location due to distance.

Ben Jones : Yes as long as the increased distance makes it unreasonable for you to travel to the new destination you can reject it and ask for redundancy instead
Ben Jones : Hope this answers your query?
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