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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50202
Experience:  Qualified Employment Solicitor
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I am being made redundant and was given a 30 day consultation

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I am being made redundant and was given a 30 day consultation period which ended 14th My. My employer wrote to me and asked me to stay in my role until 31st July in return for an additonal 2 months pay (my contractual notice period is 2 months). I have today been offered a new role and want to leave ASAP. I appreciate I will only receive the enhanced 2 months pay if I stayed until 31 July but what is my situation if I do leave earlier? If I left yesterday I would have been paid my contractual 2 months notice, can my employer now force me to work my two months' notice and would I be entitled to any notice payment at all if I agreed to work until the 30th June ?
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell was any of this put in to writing please.
Customer: replied 2 years ago.

I had a letter telling me I was at risk of redundancy and a letter (which I have just noticed isn't dated) regarding the retention payment.

The relevant wording is....

"During our conversation, I made a proposal to extend your leave date by three months to the end of July 2015, and for your notice period payment to be doubled from two to four months. This is on the basis that you can support us through the transition period. If we manage to recruit successfully earlier, we would give you at least one month's notice and still pay the additional notice"

Basically the role I have been doing for the last 12 months still exists but they have decided that I am not suitable to do the role as they have specified the incumbent needs to be a quantity surveyor which I am not

Thank you for that information please leave this with me and I will get my advice ready for you on how to proceed with this. I will get back to you ASAP There is no need to wait on here I will email you when ready regards Ben.
Customer: replied 2 years ago.

Thank you. Do you have an idea of a response time - I go on holiday on Monday and am out of the country for 2 weeks

It will be later this evening
Thanks for your patience. 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.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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