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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 11146
Experience:  30 years experience as a solicitor.
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Previously spoke with a lawyer on here, great advise. Background

Resolved Question:

Previously spoke with a lawyer on here, great advise. Background is that employee was asked to reduce hours as company quiet, he agreed. then demanded redundancy pay for the full days and wanted to then remain employed with the company. Expert advised it was an either or situation. Emailed employee and offered 2 options, firstly we would make them redundant if the wished and terminate their employment completely or we would give a £250 gesture of goodwill payment in lieu of reduction of hours on temp basis - the employee would go back to full time from the reduced 3 days per week when work flow increased.
Employee decided that they wanted option 1 today and now threatening tribunal, not worried about that but are we obliged to pay them notice as well as redundancy as in effect they have resigned ? Employee has been employed just over 2 years. Please help asap
Submitted: 1 year ago.
Category: Employment Law
Expert:  JGM replied 1 year ago.
Thanks for your question. If the employee has elects to take redundancy then the employee hasn't resigned. The employee can either, at your choice, work their notice and be paid or not work the notice and be paid for it in addition to the redundancy payment.
So the only decision for you is whether you want the employee to work their notice.
I hope that helps. Happy to discuss.
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