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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46798
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have just been put at risk of redundancy, but am in a pool

Customer Question

I have just been put at risk of redundancy, but am in a pool of 1 so it's fairly certain. The company want my redundancy to complete in September (which is 6 months away), when I will receive 4 weeks redundancy pay. If I opt not to take my redundancy should another job comes up in the mean time what is the minimum notice I can give and do the company have to let me go? I feel I can't put my life on hold for 6 months especially as the redundancy pay will only be about £3,000.
Best regards
Steve
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello how long have you worked there for?
Customer: replied 1 year ago.
2 years 11 months in September 2016
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was offline by the time you had replied. If you want to leave and forfeit your redundancy, you can leave at any time simply by giving the employer the contractual notice period required of you on termination. Your employment will then terminate once the notice period expires although as you will be resigning you will not het any redundancy. In the absence of a contractual notice period you only need to give them a week by law. If you want to keep your redundancy pay, then your rights will very much depend on when you are issued with formal notice of redundancy. If you are only being kept at risk with no formal redundancy notice being issued and no formal confirmation of redundancy, then you cannot leave early and get redundancy unless the employer agrees to it. There is no legal obligation on them to do so however and it is entirely in their hands, regardless of how much notice you give them. Once you have been given formal notice of redundancy, you can give them what is known as counter-notice to terminate your employment earlier than it would have terminated had you stayed to work through the notice period. This could result in you being released early and also keeping your entitlement to redundancy payThis is your basic legal position. I have more detailed advice for you in terms of the law on issuing counter-notice and what you have to 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, leaving a rating will not close the question and we can continue this discussion. Thank you
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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46798
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Ben
So once I have received a formal letter of termination I can then issue a counter-notice should I get another job offer, this is the route I will probably follow. If you do have any more information about how to do this, that would be very useful.
Best regards
Steve
Expert:  Ben Jones replied 1 year ago.
Hello Steve, 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.
Customer: replied 1 year ago.
Thank-you Ben
That is very useful to know.
Best regards
Steve
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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