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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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I have requested and had an offer for voluntary redundancy

Resolved Question:

I have requested and had an offer for voluntary redundancy accepted by my employer with the condition that an amicable leaving date would have to be agreed with my management. I subsequently received a job offer where the new employer requested I start work ASAP. I discussed the situation with my line manager and we agreed verbally on the 13th of October, allowing my current employer 4.5 weeks to make all necessary arrangements. I followed this up with a brief email confirming my leaving date.
I have now been informed that my current employer wishes me to work into November. If I submit my letter of resignation then I will only be able to work 3 weeks of my 4 week notice. Am I exposed to breach of contract.
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Has your employer agreed to you leaving early and agreed to making a redundancy payment in these circumstances?

Customer:

My line manager and project manager has agreed verbally on a date allowing 4.5 weeks notice period but HR are senior management are requesting that I work until November. I offered to submit my letter of resignation 1.5 week ago to my line manager and Project manager but I was lead to believe that an amicable agreement could be reached in line with the terms with the redundancy agreement and a formal letter of resignation was not required.

taratill :

Is it not possible for your new employer to wait for you to start until the end of the notice period?

Customer:

I Have already committed to a start date as discussed with my current employers.

taratill :

Ok the main risk is that your current employer will treat your leaving early as a resignation and will not pay you the redundancy money. Unless they agreed in writing that you could be released early contractually you will not be entitled to redundancy pay so if they fail to pay there will be no recourse.

taratill :

You will also technically be leaving in breach of contract so your employer could, theoretically, sue you in breach of contract. They could only do this if they suffer an actual finanical loss as a result of you leaving early, which would be fairly difficult to prove in a redundancy sitaution.

taratill :

From a practical point of view you need to tell HR that your manager has agreed it and, on the basis of that, you have committed to start the new employment and it is now unfair of HR to change their mind.

taratill :

If they fail to pay you can tell them you will claim for the redundancy pay in the tribunal based on the manager's agreement. Ultimately it will come down to your word against theirs as to what was agreed.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

taratill :

Hello is there anything further you would like to know about this?

taratill and 2 other Employment Law Specialists are ready to help you