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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47630
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am currently employed by Contractors Northern Ireland

Resolved Question:

I am currently employed by BAM Contractors Northern Ireland since March 2013 on a permanent basis and I am just coming off a term of parental leave and due to return to work on 18th Sept. I have just been informed that there is currently no position for me to return to. Based on my signed contract I am entitled to 4 weeks notice or payment in lieu of notice & Redundancy based on time served. I have been asked to request an extension to my Parental leave in the hope that a position may arise but have also been advised to seek alternative employment in case it does not. If I opt to extend my leave and am successful in securing alternative employment in the interim will this affect my entitlements as laid out above?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today.firstly can you tell me was your original contract a temporary position please.
Customer: replied 1 year ago.
Permanent
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. If you were to extend your parental leave and seek alternative employment then on the whole your entitlement to your notice period and redundancy should not be affected. The notice period is due to you in any event where your employment is terminated. So unless you are dismissed for gross misconduct you would get your notice period on termination.The redundancy entitlement is slightly trickier so you need to be a bit careful with that. Redundancy is only payable if you are made redundant. The issue he is that if you extend your leave and find new employment and need to start that soon but the employer has not actually made you redundant, you may be forced to resign in order to leave this job and start the new one. In that case you would not be being made redundant but would be resigning instead and you would not be entitled to any redundancy. So you need to ensure that you are being made redundant for it to be payable. The only guaranteed way around that is to remain in your position until the employer makes you redundant. So you need to find a job which you can start once the extended period of leave and your notice period have come to an end. The risk otherwise is that you have a job which you need to start before the end of the extended leave and if the employer does not wish to start the redundancy procedure yet, you would either lose this opportunity of a new job or have to resign to start it and give up your redundancy payment in the process. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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