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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48472
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can you help me with a scenario please Employee going

Customer Question

Hi, can you help me with a scenario please
Employee going through redundancy consulation (if made redudant would be paid redundancy pay and be entiltled to 9 weeks notice as been with company 9 full years - Can you confim this is right)
If there are alternative roles that the employee wants to take when do these start - do these start imediately, or after the 9 weeks notice? Also if they are at a differnent salary, does the new salary start imediately? the new role will be on a three month trial period for all, and I guess after the three months the redundancy pay and notice pay is paid, if the employee decides (or employer) that the role is not for them?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today.
Yes you are correct that someone with 9 full years of service with the company will be entitled to 9 weeks’ notice on top of their redundancy pay.
Any alternative job will start once their current job comes to an end. They could be allowed to work through their notice period and start once that finishes, or they could be paid in lieu of notice and asked to start immediately. Any new salary will only start once they start working into that new position.
You can allow the employee a trial period in the new role but that can only be for 4 weeks and again will only start once their current job ends. After the 4 week trial period if they want to take it they can continue in it, however if they do not think it is suitable they can reject it and ask for redundancy instead.
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
Customer: replied 2 years ago.

thanks, ***** ***** the current role is redundant but they accept a new one do they still get the redunancy pay and the nine weeks notice period?

Expert:  Ben Jones replied 2 years ago.
no if they accept a suitable alternative role they are not made redundant and will just continue in the new one without getting redundancy pay but they will still be entitled to their notice period to bring the current one to an end
Customer: replied 2 years ago.

Hi sorry to be a pain, is it then the notice period in their contract, or notice period under the terms of redundancy?

thanks

Expert:  Ben Jones replied 2 years ago.
as per contract which can't be less than the statutory notice period
Customer: replied 2 years ago.
Thanks you are very helpful, our notice period is contract is one month? So if I take the new role, do say it starts imediately do I get the new pay, plus one month of old pay, or new salary plus nine weeks of old salary?
Expert:  Ben Jones replied 2 years ago.
You are entitled to a minimum of 9 weeks notice regardless of what the contract says. So it would be 9 weeks at old pay then you would be on the new pay If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
One other quick question. If I choose to take redundancy I work my nine weeks notice unless my employer chooses for me not to and simply pays me for the notice
Expert:  Ben Jones replied 2 years ago.
thank you for get back to me I am working in a tribunal today. I will review all the information given to me
and get back to you later in the day with my advice on how to proceed with this.
please do not respond to this as this may push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 2 years ago.
Thanks for your patience. If you choose to take redundancy then you are correct in your assumptions - you either work your notice period and get paid as normal or your employer asks you to leave immediately and pays you in lieu of notice
Customer: replied 2 years ago.

Thank you so much. I would just like to clarify one final point.

There is a new role I am interested in. so its around this. If I take the new role and my employer wants me to start imediately which I believe they can do, then I would start this new role on the new salary (which is a bit lower) but then addition to the new salary still be paid my nine weeks notice at my full old salary? Would the trial period of four weeks start after nine weeks, or the day I start the new job? If its the day I start the new job and after four weeks decide its not for me, or my employer decides its not right, I would get my other five weeks notice plus my redundancy pay?

Expert:  Ben Jones replied 2 years ago.
It depends on how they terminate your old contract - they can terminate it by giving you 9 weeks in lieu of notice and end your current job immediately so you will get paid the notice period and start the new job on the new rate. Or they could ask you to continue working in the old role for the notice period and once that ends they can place you in the trial period. In any event the trial period can only start once your old contract ends. If the trial is unsuccessful then you can opt for redundancy and get redundancy ay and any notice period from the old job still due to you
Customer: replied 2 years ago.

Thanks, ***** ***** I accept the redundancy and get a new job and therefore want to leave imediately what do I lose, ie is it only the notice period or do I lose the redundancy payment as well? Also can they refuse early departure?

Expert:  Ben Jones replied 2 years ago.
You lose the notice period not the redundancy. But they can refuse early departure although they can't stop you from leaving. I'm that case you could try and leave anyway and if they refuse to pay you then you consider making a claim for what you are owed