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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45327
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I received notice of redundancy in December 2014 and now the

Resolved Question:

I received notice of redundancy in December 2014 and now the 30 day consultation period is complete and redundancy will proceed. I have been called to a meeting next week to discuss my situation with HR and Mgmt. I am currently part of a project which is estimated to complete in June and that this is the provisional date talked about for my role termination. However, there is a chance the project may have delays so I suspect one of two options may be suggested :
1) I am not given a date and will not receive one until the project completion date is more secure.
2) I am given June as my date but then asked to work my notice period which is 6 months. This has not happened to any other employees and they have been given their notice period as a lump sum and not required to work it.
My main concern is that I want to expedite a new job but need a date to work from as no one will employ me if I cant give a start date. I of course do not want to lose my redundancy payment and possible payment in lieu of notice.
Can you please advise my rights in this matter.
Is the company legally bound to give me a firm date now the consultation period is over?
I appreciate that not being asked to work my notice is discretionary for the company but does the fact that there is complete precedence on this give me any rights ?
Thanks
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. How long have you worked there for?

Customer:

Hi, I'm Rob. I have worked there for 11 years

Ben Jones :

Now that the consultation is over there is no requirement on the employer to give you a firm date of termination. They can delay issuing you with formal notice of redundancy until they believe it is the right time to do so and this could depend on the work that is available or required and their plans in that respect.

So until you are given formal notice of redundancy you will have to remain working with the company, unless you decide to resign, although you would of course lose your redundancy if you do so.

You do however have rights once your notice has been issued and you decide you may wish to leave before the end of your notice period.

The law says that an employee who has been issued with formal notice of redundancy may want to leave before their notice period expires, for example, because they have found a new job. In this case, the employee can give a written 'counter-notice' to their employer to terminate their employment on an earlier date. This is a right given under section 136(3) of the Employment Rights Act 1996.

For the counter-notice to be legally valid it must be submitted within a specific time period:



  • If there is no contract of employment and, in turn, no contractual notice period, the request must be submitted within the employee's statutory notice period (1 week for every full year of service) - for example if an employee with 4 years' service is made redundant and the employer issues them with their 4 week notice period, the request must be made within these 4 weeks

  • If there is a contractual notice period which has been issued by the employer - within that notice period;


If the employee serves their counter-notice correctly and the employer either accepts it or does nothing, the employee's employment will terminate on the date specified in the counter-notice. The employee's entitlement to their statutory redundancy payment will not be affected.

However, if the employer refuses the employee's counter-notice, the employee can apply to an employment tribunal for an "appropriate payment" (that being the whole of the redundancy payment the employee would have been entitled to, or part of it). In deciding whether to award such a payment, the tribunal will consider whether it was reasonable to do so in the circumstances, given both the reasons the employee had for wishing to leave early and the reasons the employer had for requiring them to remain in employment until the expiry of their notice period. For example, if the reason for the counter notice was to start a new job and mitigate the effects of redundancy and the current employer did not urgently require the employee to remain and work their notice period, it is a situation that will work in the employee's favour.


Ben Jones :

What is important to note is that you have not yet been given notice of redundancy, you have only been placed at risk of redundancy so th above would not apply until you are told that you are serving your notice period and have a set leaving date

Customer:

Thanks for that Ben. Do I have any rights regarding having to work my notice period ? As mentioned, no other employee has been asked to do this over previous years when made redundant.

Ben Jones :

If your employer asks you to then you would be expected to, unless you can apply the above exception. The fact others have been let go would not change your position unfortunately

Customer:

So not a great position then.

Customer:

The company can give me a notice date whenever they wish and I may have to work my full notice period (6 months) if required to. Pretty much that puts me in complete limbo regarding another job if I wish to wait for my redundancy.Do I have anything else to consider at the moment Ben ?

Ben Jones :

The issue is that you are still employed by them and subject to the contract you have with them so you would be expected to work until they decide to terminate you. This is why you have the option above once you re issued with notice of redundancy

Ben Jones :

But that is the only thing you can use in the circumstances

Customer:

Well all doom and gloom. Thanks anyway

Ben Jones :

you are welcome, all the best

Customer:

Cheers

Ben Jones :

.

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45327
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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