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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47368
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Having gone through the consultation period resulting in my

Resolved Question:

Having gone through the consultation period resulting in my notice being served for redundancy. This occurred in May with the resulting notice being issued in June, as I had a 3 month notice period this was expected to be concluded 3rd September 2015. However this was then extended and communicated to me on 28th August advising my new date was to be 31st Oct, I have now received further extension until 30 November 2015. My question is how many times can this notice be extended. Behind all this the company has found a new position for me, but still they keep on extending my notice.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
9 years
Expert:  Ben Jones replied 1 year ago.
Has the new position been offered to you? Are you willing to accept that position or have you found something new elsewhere?
Customer: replied 1 year ago.
Yes and have confirmed I will accept the position by signing a Contract of Employment and the associated Projects Assignment conditions
Expert:  Ben Jones replied 1 year ago.
What is the reason for the further extension and their failure to just offer you the job?
Customer: replied 1 year ago.
here attached is the recent letter issued to me 05/11"We wrote to you on 27th August 2015 extending your notice period and termination date to 31st October 2015 as we had found an alternative role for you as Construction Manager on the SOCAR Project in Turkey. We are continuing the process of obtaining the work permit for a mobilisation date of the end of November 2015 and to this end, we will extend your notice period and termination date to 30th November 2015."
In addition to this last week I travelled to London to lodge my application for a work visa in the Turkish Consulate, whilst I have also received a letter (pending me returning) from the company welcoming me as a new employee
Customer: replied 1 year ago.
The reason for the further extension is likely due to my still on my current project, but will be leaving it tomorrow, but don't know in truth
Expert:  Ben Jones replied 1 year ago.
Once you are issued with notice of redundancy, the employer has an ongoing duty, up until the termination of your employment, to find you suitable alternative employment and try to avoid having to make you redundant. It means that at any point during your notice period, if such a position is found, they could offer it to you and cancel the notice period. It is however less common to have to extend the period and this is mainly going to happen if they need to facilitate something in relation to the new role. If a suitable alternative position is found for you and you unreasonable reject it then you could give up your right to a redundancy payment. However, 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:· 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· 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. So as you can see it is possible to extend or cancel the notice period to facilitate a suitable alternative position for you. However, you can also try and force the termination of your employment by giving the employer counter-notice and still keep your redundancy payment. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating as that is an important part of our process and recognises the time I have spent assisting you. 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
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