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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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2 years ago I was given 4 weeks notice of redundancy, that was extended at the end of 4 we

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2 years ago I was given 4 weeks notice of redundancy, that was extended at the end of 4 weeks 4 or 5 times by a week. I am still with the company and my redundancy has never been recinded by letter only verbally by the firm. If I wanted to leave now would they have to pay me redundancy?
Mike
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
How long have you worked for the employer?
Customer: replied 1 year ago.
Hi Jenny
It will be 6 years on november 27
Expert:  taratill replied 1 year ago.
Ok why do you want to leave now?
Customer: replied 1 year ago.
I have just had a hip replacement and will be 60 in February. Just weighing up my options. I think I need a less manual job as the one I have is working on an oil refinery and is quite arduous! As I have not had my redundancy rescinded officially is it still available. I was told that unless it is mutually rescinded then I can still go for it so to speak!
Expert:  taratill replied 1 year ago.
Who was it who told you that?
I'm really sorry but after 2 years since notice was given you will be deemed to be on a permanent contract, if the employer wanted to make you redundant now they would have to go through the hoops of putting you at risk and consultation.
You can certainly ask if they will agree to pay you redundancy but this is not a legal requirement.
If you were to leave in these circumstances the reason would be deemed to be resignation.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
My Unite union rep said that as a rule redundancy can only be rescinded by mutual agreement. I have never agreed to rescind it. I did think that as I have been there over two years since the redundancy letter then I have more or less agreed to rescind the redundancy but thought I'd better get some advice before going down this road!
Expert:  taratill replied 1 year ago.
Yes , I think it's the period of time that is the problem here.
The other problem is that the reason for termination has to be redundancy in order for you to be entitled to a redundancy payment.
in the situation you describe it is not redundancy as it is your personal reasons that mean you cannot continue in the job.
Customer: replied 1 year ago.
ok Jenny thank you I think that has answered my question fully!
Expert:  taratill replied 1 year ago.
No problem, please remember to rate my answer and all the best for the future.
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