How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 52627
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I am being made redundant as my company are closing the site

This answer was rated:

Hi .I am being made redundant as my company are closing the site in July.
It was oggicially confirmed in February.
I jave not yet had my 2nd consultation meeting to agree a leaving date.
It has been a very stressful time .On Thursday I was taken to hospital in an ambulance with a suspected heart attack.Can I ask for my redundancy to be implemented on health grounds?
I don't want to submit a sick note.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Why do you not want to go off sick?

Customer: replied 6 months ago.
I have a job offer elsewhere and don't want it on my record
Customer: replied 6 months ago.
Can I ask them to make me redundant without losing my redundancy payment?
Customer: replied 6 months ago.
Can you advise please

there is nothing in law which will guarantee you to leave now, under redundancy and with the redundancy payment intact. However, there is an option to do that once you have been issued with formal notice of redundancy.

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.

Specific procedures must be followed for it to be effective. It is however the only way to try and push this through (apart from the employer agreeing to do it anyway and using their discretion to do so).

So you can always approach them first and if they refuse, you have to wait until you have been given formal notice of redundancy to initiate the counter-notice process.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

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 quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Ben Jones and 3 other Employment Law Specialists are ready to help you
Customer: replied 6 months ago.
Hi. Thank you for your reply. I am happy with the service & information supplied . It does help me. Thank you

You are welcome. In terms of the counter-notice process, 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.