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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Hi I have an employment contract with 3 months notice. If

Customer Question

Hi
I have an employment contract with 3 months notice. If i give notice to leave employment does this prevent any redundancy process being initiated and mean that my 3 months notice would need to be worked and / or paid?
in the absence of me giving notice to terminate my employment, should any redundancy situation occur are my employers required to pay me for the notice period?
I have been employed since 1/3/13
Submitted: 1 year ago.
Category: Law
Expert:  Kasare replied 1 year ago.
Hi, thank you for your question, I will assist you with this.
To be entitled to statutory redundancy you must have worked for your employer continuously for two years. Your information confirms that you have worked for your employer less than this, therefore you would not be entitled to statutory redundancy.
Your contract of employment may provide for a lesser period of employment to be entitled to redundancy but this is unlikely.
If you hand in your notice now, then it very much depends upon your employer whether they insist that you work this period (and be paid) or paid notice in lieu (ie not work).
However, if you do not hand in your notice and continue working and once you reach the 2 year period (i.e. on 1/3/15) if a redundancy situation then came about after this time you would be entitled to redundancy pay and your notice pay.
I hope this assists. If you have any further questions, please do not hesitate to ask.
Customer: replied 1 year ago.

Hi

You haven't really answered my first question - if i hand my notice in does this prevent a redundancy situation being initiated?

Expert:  Kasare replied 1 year ago.
Hi
If you hand your notice in now and during your notice period the company looks to make people redundant, you would not be eligible for redundancy. The reason for this, as I have said in my earlier answer, is twofold:
1) you have already handed in your notice; and
2) until 1.3.14 you would not qualify for redundancy.
Customer: replied 1 year ago.

Hi

Ok so if i hand my notice in there cannot be a redundancy situation and either i would work for 3 months or be paid in lieu?

If i dont hand my notice in but am made redundant even though statutory redundancy arrangements do not apply would my employer still have to pay the 3 months notice period under the terms of my contract?

Expert:  Kasare replied 1 year ago.
Hi Anne
Yes, if you hand in your notice between now and 1.3.15 - BEFORE your company considered any redundancy - you would already be on notice to leave and therefore either have to work your 3 months notice or if the company wanted they could pay you in lieu. Thus you would not be eligible for selection to be made redundant.
If you didn't hand in your notice and your company at some time before 1.3.15 decided to make people redundant, then you would not be entitled to redundancy pay - IF YOU WERE SELECTED TO BE MADE REDUNDANT - but they would have to pay you your notice pay. (NB: They could make you an offer as a gesture of goodwill to volunteer, even if you did not have sufficient period to qualify for redundancy - in addition to your notice pay)
However, if a redundancy situation occurred just a week or a couple of days before your 2nd anniversary at work, and you were selected, you could argue that given your notice period, but for the situation you would have achieved 2 years service and therefore be entitled to a redundancy payment AND your notice.
I hope this helps.
If there is something more substantial than a hypothetical situation that you can advise me about your situation I can go into more detail.
Thanks

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