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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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If an Employee has been given notice of redundancy, along with

Customer Question

If an Employee has been given notice of redundancy, along with 8 weeks notice (8 years service), but chooses to leave before the 8 weeks can they withhold his Redundancy Payments ?
I have always believed that the only money they would lose is money in lieu of notice (if applicable)
Submitted: 1 year ago.
Category: 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. Why did he leave early?
Customer: replied 1 year ago.

Because he has another Job.

Expert:  Ben Jones replied 1 year ago.
Has the employee already left?
Customer: replied 1 year ago.

No, he wants to leave, but they said he will lose his redundancy pay.

Expert:  Ben Jones replied 1 year ago.
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. There are specific rules on how and when this must be given. This is your basic legal position. I have more detailed advice for you in terms of the specific legal requirements on how to use this counter- notice option, 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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46809
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.

For Ben Jones

Can you give me the more detailed advice on how to use the counter - notice option please ?

Expert:  Ben Jones replied 1 year ago.
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.

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