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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46774
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Madam, I am currently a full time school teacher who has

Customer Question

Dear Sir/Madam,
I am currently a full time school teacher who has voluntarily been made redundant. The sum has been agreed and a cessation date set 9th Sept.
I asked permission on 14th June after my confirmed letter of agreed VR if I could seek new employment.
Subsequently I now have a new job pending DBS checks, medical clearance starting on 1st September this year.
I have been to a meeting today and told that my redundancy is invalid as there should be 28 days of "blue skies" between cessation date and starting with a new employer.
As I am not familiar with the procedure I was requested to write a letter to resign my current post so as to start my new post.
Please can you advise?
Many thanks.
RC
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello who is the new job with, is it a completely new employer that is unrelated to the current one?

Customer: replied 10 months ago.
Hi Ben,My current job is at a multi academy trust, (MAT) My new job is at another school locally. A different school which falls under its own remit. Both schools are advised from the same HR company.I will remain in teachin just a different Academy/school.I hope that helps.Ray
Expert:  Ben Jones replied 10 months ago.

Hi there, it is incorrect to say that there is a blanket restriction on starting a new job within 28 days after redundancy. There is however a rule relating to local Government positions which can be seen to fall under the control of the same organisation. So for example, if both schools were under the control of the same Local Authority, then they are likely to be seen as associated employers and you would need the 28 day period before you can move to the new employer. However, if for example one of them was an independent school or not under the remit of the same LA (e.g. a different neighbouring one) then you can argue that thy are unrelated employers and the 28 day period is not applicable. This would be the only time it would be relevant so that is why they may have raised this, but check to see if these two schools are related in these ways before you know whether it applies or not.

Also there is a procedure you can use to leave early and still get your redundancy pay, but only if these two schools are unrelated. This is done by giving the employer counter notice.

This is your basic legal position. I have more detailed advice for you in terms of the counter notice procedure, 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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46774
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 10 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.

Customer: replied 10 months ago.
Hi Ben,Many, many thanks. I have it on authority from the assistant head of the new school that they are not under the LA. They are independent and only accountable to the Government. Likewise my existing employees are a charity status and not under the LA being a Trust. They are both schools in the same county but different catchments areas.How you advise proceeding?Again, many thanks.Ray
Expert:  Ben Jones replied 10 months ago.

You can of course raise this matter directly with them and remind them of the legal position. Whatever you do, do not resign because it can affect your redundancy entitlement. One thing I have thought about though is it would be best to have a more detailed look at the bodies which are included in this rule so please follow this link:

http://www.ucea.ac.uk/download.cfm/docid/8233BB5B-2CBB-49FA-A27F775C95164A3B

Scroll down to the education section and see if the two schools fall within any of the organisations and if they do then you will be subject to the 28 day rule, if they are not then you will be able to retain your redundancy payment

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