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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48442
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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, I started employment as a senior manager at a Scottish

Resolved Question:

,
I started employment as a senior manager at a Scottish software company last July 14. The company directors are looking to possibly reduce staffing levels as they have approx 2-3 months of capital in the bank and no signs of investors or new customers. I am privy to such information and the righting is on the wall so to speak.
My contract has a 3 month notice period with a clause leave. I am not happy in my job and have enough savings to survive months, I am also in demand. Should I wait it out and be more protected being made redundant or is it in my interested to give 3 months notice?
The company is registered and operates in Scotland, I am also based in Scotland.
Regards
Will
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

What would your ideal outcome be in this situation?

Customer:

Ben

Customer:

Given the financial status of the firm, to move on asap but securing my notice period salary.

Ben Jones :

Is the 3 month notice period applicable both ways?

Customer:

yes

Customer:

its a 6 figure salary hence my question

Ben Jones :

As the notice period is the same both ways, then whether you resign or get dismissed you will get the same amount notice period. As you do not have 2 years’ service with the company you will not get any redundancy pay so there is no additional benefit in waiting , rather than resigning now. So it is really up to you – would you rather continue getting paid until a point where they eventually decide to dismiss you, or would you rather walk away now? The only issue I see with hanging on is that if the company begins to struggle financially to a point where they can’t afford to pay their employees any longer, they could fold and not pay you the notice period you are due. So if you think that the sooner you leave the better chances of getting paid are then you may as well leave now to reduce the risk of not getting paid.

Customer:

Great, so there is no security with redundancy if the money runs out?

Ben Jones :

the Government will cover some of the money you are wed but not the full amount, they will only cover a week's notice, not the 3 months you have under contract

Ben Jones :

and that week will be capped anyway

Ben Jones :

So you will not get your usual wages , it will be an amount capped by law, I think around £400 or so

Customer:

gosh, ok, good clear advise Ben. Sooner the better!!

Ben Jones :

yes it appears that if the likelihood is that money will run out, then you may be best advised to get out sooner rather than later, even ask them to consider paying you in lieu of notice so you get the full sum at one

Customer:

i shall, many thanks Ben

Ben Jones :

you are welcome, all the best

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