How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46809
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have been accepted redundancy and have signed

Customer Question

I have been accepted for voluntary redundancy and have signed to say this my contract notice is 12 weeks but i have been given a leaving date of 03/07/16 afer signing acceptance on 01/02/16 this is well over 12 weeks and unaceptable to me what advice could you give
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Was the notice period or leaving date discussed before you signed?
Customer: replied 1 year ago.
No i made it clear i wished to go as soon as my notice period was up but i have asked numerous times for a date so that i could find other employment and i have not had any update until a few days ago
other persons that have applied for VR have been given a date it would appear 12 weeks after accepance i feel that i am being made to stay to cover for other staff we have been offered VR on grounds that my employers Notts Police have to make financial savings
I am also worried if they can cancel my VR
Expert:  Ben Jones replied 1 year ago.
Do you have a new job you need to start before the notice period expires?
Customer: replied 1 year ago.
Yes i have a job and my new employers have been very understanding but i do not know if they will wait until 03/07/16I have not infomed my present employers of this as i have been told that if they were aware that they may well pull the plug on VR
thnks
Jan
Expert:  Ben Jones replied 1 year ago.
When you are offered VR it can be on the terms chosen by the employer in terms of leaving date. In effect they could accept you for VR but delay giving you notice until a date they want to and it would be from then that the notice period would start to run. Signing an acceptance of VR is not the same as being issued with formal notice of redundancy which is when any notice period would start to run. Ideally this should have been negotiated and agreed before any formalisation of the VR deal but it is not a legal requirement. So if the VR has been agreed but you disagree on the leaving date then there are really a couple of options:· one is to negotiate with the employer about the leaving date and try to come to a mutual arrangement· another is to accept the current leaving date· finally, once you are given formal notice of redundancy, i.e. once your notice period actually starts to run, you can give them what is known as counter-notice, which is something you can do to try and finish earlier than the end of the notice period This is your basic legal position. I have more detailed advice for you in terms of the legal requirements on submitting the counter notice and what you must do, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Just to add when i asked a few days ago if the date could be brought forward my supervisor told me they would have to ask the other staff if they had any objections if i went earlier as it may set a prese dance
Expert:  Ben Jones replied 1 year ago.
That would not change anything to be honest - this is just one of your options, I still think counter-notice may be a better option as it is legally recognised
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? I have more detailed advice in relation to the legal requirements to give counter notice. Look forward to hearing from you.
Customer: replied 1 year ago.
Ben thanks for your responses just to mention that the form I signed was in fact a formal acceptance form but the date of leaving has been left blank by the supervised however we both had our diary out and spoke about the 12 weeks notice which she stated was the 18 th April does this make a case that I can finish around that time
Sorry I have not got back to you been waiting the document that I signed
Jan
Expert:  Ben Jones replied 1 year ago.
Yes you certainly do have a case if this i what was discussed and you were under the impression it was what you were accepting, especially considering no other dates were mentioned. Regardless of this there are still options for you to end your employment on or before that date by giving the employer formal counter-notice. As mentioned, I have more detailed advice for you in terms of the legal requirements on submitting the counter notice and what you must do, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Ben Thanks for that I give the top marks for your service ie 5 if that is the highest and will be in touch if I need to know more on the counter claim
jan
Expert:  Ben Jones replied 1 year ago.
Thank you. Please find details on counter notice below: An employee who has been issued with formal notice of redundancy may want to leave before their notice period expires, for example, because they have found a new job. In this case, the employee can give a written 'counter-notice' to their employer to terminate their employment on an earlier date. This is a right given under section 136(3) of the Employment Rights Act 1996.For the counter-notice to be legally valid it must be submitted within a specific time period:{C}· If there is no contract of employment and, in turn, no contractual notice period, the request must be submitted within the employee's statutory notice period (1 week for every full year of service) - for example if an employee with 4 years' service is made redundant and the employer issues them with their 4 week notice period, the request must be made within these 4 weeks{C}· If there is a contractual notice period which has been issued by the employer - within that notice period; If the employee serves their counter-notice correctly and the employer either accepts it or does nothing, the employee's employment will terminate on the date specified in the counter-notice. The employee's entitlement to their statutory redundancy payment will not be affected.However, if the employer refuses the employee's counter-notice, the employee can apply to an employment tribunal for an "appropriate payment" (that being the whole of the redundancy payment the employee would have been entitled to, or part of it). In deciding whether to award such a payment, the tribunal will consider whether it was reasonable to do so in the circumstances, given both the reasons the employee had for wishing to leave early and the reasons the employer had for requiring them to remain in employment until the expiry of their notice period. For example, if the reason for the counter notice was to start a new job and mitigate the effects of redundancy and the current employer did not urgently require the employee to remain and work their notice period, it is a situation that will work in the employee's favour.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46809
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Ben
Thanks for the reply what an excellent service I have read sec 136 (3) and that mentions for a wish to go for the contractual period ends in my case 12 weeks
What if I need to go on the 12 weeks date is 18/04 and they have given me a date of 03/07 would the counter notice come into force if I need to go down that route I am OK to finish on the 12 week date but not anytime after as you know I have another job to take and they are happy to wait until 18/04 but not to the date of 03/07
Should I make such a claim and officially let them know my intentions
If yes could your office do this and what would be the cost
Thanks so much
Jan
Expert:  Ben Jones replied 1 year ago.
Hello, the notice you submit must be done within the initial 12 weeks after you are advised of your redundancy. So in your case you are given a longer notice period than required but your notice must be submitted within these initial 12 weeks as that is your contractual notice period. So if you wanted to leave at the end of the 12 weeks you need to tell them beforehand, preferably with plenty of time to be able to resolve this, so as soon as possible really. Unfortunately we cannot offer the services you require, we can only help online via this portal.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    672
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    24
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions