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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49779
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We are making less than 20 staff redundant on 19th

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Hi We are making less than 20 staff redundant on 19th September.One member of staff has just resigned and given a notice period of 1 month this takes her to just before the announcement date.However it is mutually beneficial for both parties if she continues to work for us after this date from Italy on a rolling 2 week notice period either side.My question is as she has resigned do we need to pay her redundancy pay if we agree to extend her notice follwing the redundancy nnouncement.She has over 2 years service so would be entitled to a paymentThanks

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. If someone has resigned then this would be official reason for their termination as and as they are not going to be made redundant they will not be entitled to any redundancy payment. You can basically remove them from the redundancy procedure and not consider them for redundancy any more. If you want them to work past the end of their notice period then what you could do is just mutually agree to extend her notice period to cover the additional time you want them to work for you. Their employment would still end after that period by reason of resignation. However, if she refuses to extend her notice period you cannot force her to continue working past the end f her notice period. So this is only possible if she has agreed to the extension.

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