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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47875
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am 3/4 of the way through a consultancy period due to redundancy's

Resolved Question:

I am 3/4 of the way through a consultancy period due to redundancy's at Tesco. This is a 45 day period in which we can apply for other jobs only available to those affected by the redundancys. After the 45 days can my employer then enforce a 4 week notice period to qualify for the payout?
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. can you tell me are you being offered the jobs on a trial period with the option of redundancy.

Customer:

tehe jobs offered will be permanant. I want to take the redundancy package but dont see why I should work another 4 weeks after doing the 45 days perod

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you

Customer:

thankyou.

Ben Jones :

Thanks for your patience. The consultation period is part of the redundancy process to try and discuss the reasons for the proposed redundancies and to try and find alternatives, if any exists, to try an having to make people redundant. Depending on the number of proposed redundancies it would be a legal requirement to have such a period of consultation. Once the consultation is over the employer will decide whether to proceed with the redundancies and issue redundancy notice to those employees that will be made redundant or take them off from being at risk and allow them to remain in their jobs. It means that the employer will only then be issuing formal notice of redundancy and if you have a 4 week notice period that is the point from which it would start to run. I am afraid that is how the redundancy process works so you could be required to work for an additional 4 weeks before your employment is terminated and you get redundancy. You may nevertheless ask the employer to consider terminating your employment by paying you in lieu of notice, which means ending your employment immediately and paying you the equivalent of your notice period as a lu sum. However, this is entirely down to them so if they are not willing to consider it you cannot force them to.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you

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