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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45340
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Wonder if you can help me. On Friday the 2nd September I had

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Hi wonder if you can help me. On Friday the 2nd September I had a meeting at work and was told that one member of our store staff would be made redundant there are 3 of us in the department. We were asked if any of us would volunteer. No-one did so the redundancy program was put into place we were given letters stating what would be happening and the consultation period would start with a meeting with the HR department on the 8th of September. Following from the meeting we got another letter stating they were unable to identify suitable alternatives for employment so the next step was an interview for our jobs. This interview took place on Wednesday 14th September and I was asked 6 questions. I was told there was no difference between the 3 of us regarding our work, attendance and appraisals hence the reason we got an interview. I was told at the meeting I would find out the outcome later on that day but as the day went on that did not happen and I was told it would be the Thursday. I was taken into my bosses office on Thursday morning of the 15th September and was told it was me who was being made redundant as I scored the lowest points in the interview. Two weeks have now passed I have had no letters HR seem to be avoiding e-mails and my boss never gives me a direct answer to any of my questions regarding when I am finishing up everything has been done verbally he did say he wanted everything done and dusted by the end of September which is Friday. I approached him at the beginning of this week and he said it looked likely now my finishing date would be Friday 7th October still no letter confirming anything. I spoke to him today again regarding a date and paperwork and he said there had now been developments and that was all he could say at the moment. I have been for an interview and have a new job where do I stand with all of this as I don't know whether I am coming or going. Thank You.
Submitted: 3 months ago.
Category: Employment Law
Customer: replied 3 months ago.
I feel I have been unfairly treated as no-one seems to be giving me any answers. When I asked questions at my interview my boss asked me if I had thought them up myself or had some-one did it for me which I felt to be quite offensive as if I could not think them up for myself.
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 3 months ago.

How long have you worked there for?

Customer: replied 3 months ago.
I have been with the company for 13 years.
Expert:  Ben Jones replied 3 months ago.

Hi there, in a redundancy situation the employer has a duty to apply a fair selection method and whilst scoring matrixes are quite common, a competitive interview process is also used somewhat frequently. So in effect all of the employees at risk of redundancy are asked to reapply for the available jobs and go through an interview, with the lowest scoring employees being selected for redundancy.

Now the issue is what happens next and when the redundancy is going to be formally confirmed. There is sadly nothing in law that says when an employer must formally confirm a redundancy once the employees have been selected. It could be days, it could be months, it could even e that the redundancy never actually goes ahead. Until you have actually been issued with a formal notice of redundancy, that is the employer has formally given you notice as per contract and formally confirmed your leaving date, there is no guarantee of redundancy. The risk there is that if you were to leave before notice has been issued, you would be resigning and not be entitled to any redundancy pay. You should therefore only start looking for jobs once you have been issued with formal notice of redundancy. If you have found a new job and you need to start it before the end of the notice period then there is a specific procedure where you can try and leave early and still get your redundancy pay but for this to work you need to have been issued notice of redundancy, which has not happened yet.

This is your basic legal position. I have more detailed advice for you in terms of the procedure available to you should you need to leave early before the expiration of your notice period, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 3 months 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

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45340
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 3 months ago.

Thank you. 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.

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